dreamproit/uscode huggingface dataset:
25 U.S.C. § 3306 (INDIANS)
§ 3306. Limitations on use of funds
(a) Use for religious purposes
None of the funds made available under this subchapter may be used for study at any school or department of divinity or for any religious worship or sectarian activity.
(b) Interest on funds
No interest or other income on any funds made available under this subchapter shall be used for any purpose other than those for which such funds may be used.
(c) Payments
(1) In general
Except as otherwise provided in this subsection, the Secretary shall make payments to 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.)
25 U.S.C. § 3322 (INDIANS)
§ 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 Self-Determination 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.)
heading: References in Text
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.
25 U.S.C. § 3323 (INDIANS)
§ 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.)
25 U.S.C. § 3325 (INDIANS)
§ 3325. General provisions
(a) Application of existing procedures
Except as provided in subsection (b) of this section, the requirements relating to student eligibility, needs analysis, and determination of eligibility for the program to be attended regularly incorporated by reference into contracts under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] for tribal operation of higher education grant programs prior to January 1, 1991, shall apply.
(b) Additional, excess, and incremental costs
The tribe or tribal organization may establish in writing, subject to the review of the Secretary, procedures for determining additional, excess, or inducement costs to be associated with grants for critical area service agreements.
(Pub. L. 102–325, title XIII, § 1325, July 23, 1992, 106 Stat. 805.)
heading: References in Text
text: The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), 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.
25 U.S.C. § 3331 to 3338 (INDIANS)
§§ 3331 to 3338. Repealed. Pub. L. 105–332, § 6(b)(1), Oct. 31, 1998, 112 Stat. 3128
text: Section 3331, Pub. L. 102–325, title XIII, § 1341, July 23, 1992, 106 Stat. 809, provided that subchapter could be cited as the “Tribal Development Student Assistance Act”.
text: Section 3332, Pub. L. 102–325, title XIII, § 1342, July 23, 1992, 106 Stat. 809, declared congressional findings and purposes.
text: Section 3333, Pub. L. 102–325, title XIII, § 1343, July 23, 1992, 106 Stat. 809, related to revolving fund.
text: Section 3334, Pub. L. 102–325, title XIII, § 1344, July 23, 1992, 106 Stat. 810, related to eligible recipients.
text: Section 3335, Pub. L. 102–325, title XIII, § 1345, July 23, 1992, 106 Stat. 810, related to terms of loans.
text: Section 3336, Pub. L. 102–325, title XIII, § 1346, July 23, 1992, 106 Stat. 811, related to service fulfillment and conditions, repayments, and waivers.
text: Section, 3337, Pub. L. 102–325, title XIII, § 1347, July 23, 1992, 106 Stat. 812, related to administration.
text: Section 3338, Pub. L. 102–325, title XIII, § 1348, July 23, 1992, 106 Stat. 812, authorized appropriations.
25 U.S.C. § 3351 to 3355 (INDIANS)
§§ 3351 to 3355. Repealed. Pub. L. 105–332, § 6(b)(1), Oct. 31, 1998, 112 Stat. 3128
text: Section 3351, Pub. L. 102–325, title XIII, § 1361, July 23, 1992, 106 Stat. 813, related to American Indian Post-Secondary Economic Development Scholarship.
text: Section 3352, Pub. L. 102–325, title XIII, § 1362, July 23, 1992, 106 Stat. 813, related to Indian scholarships.
text: Section 3353, Pub. L. 102–325, title XIII, § 1363, July 23, 1992, 106 Stat. 813, related to scholarship conditions.
text: Section 3354, Pub. L. 102–325, title XIII, § 1364, July 23, 1992, 106 Stat. 815, required annual reports by Indian tribes receiving grants.
text: Section 3355, Pub. L. 102–325, title XIII, § 1365, July 23, 1992, 106 Stat. 815, authorized appropriations.
25 U.S.C. § 3371 (INDIANS)
§ 3371. Repealed. Pub. L. 105–332, § 6(b)(1), Oct. 31, 1998, 112 Stat. 3128
text: Section, Pub. L. 102–325, title XIII, § 1371, July 23, 1992, 106 Stat. 815; Pub. L. 105–244, title I, § 102(a)(8)(D), Oct. 7, 1998, 112 Stat. 1619, related to American Indian teacher training.
25 U.S.C. § 3402 (INDIANS)
§ 3402. Definitions
For the purposes of this chapter, the following definitions apply:
(1) Federal agency
The term “federal 1 agency” has the same meaning given the term “agency” in section 551(1) of title 5.
(2) Indian tribe
The terms “Indian tribe” and “tribe” shall have the meaning given the term “Indian tribe” in section 450b(e) of this title.
(3) Indian
The term “Indian” shall have the meaning given such term in section 450b(d) of this title.
(4) Secretary
Except where otherwise provided, the term “Secretary” means the Secretary of the Interior.
(Pub. L. 102–477, § 3, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 106–568, title XI, § 1103(a), Dec. 27, 2000, 114 Stat. 2931.)
heading: Amendments
text: 2000—Pub. L. 106–568 added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.
25 U.S.C. § 3403 (INDIANS)
§ 3403. Integration of services authorized
The Secretary of the Interior, in cooperation with the appropriate Secretary of Labor, Secretary of Health and Human Services, or Secretary of Education, shall, upon the receipt of a plan acceptable to the Secretary of the Interior submitted by an Indian tribal government, authorize the tribal government to coordinate, in accordance with such plan, its federally funded employment, training, and related services programs in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions.
(Pub. L. 102–477, § 4, Oct. 23, 1992, 106 Stat. 2302.)
25 U.S.C. § 3404 (INDIANS)
§ 3404. Programs affected
The programs that may be integrated in a demonstration project under any such plan referred to in section 3403 of this title shall include any program under which an Indian tribe is eligible for receipt of funds under a statutory or administrative formula for the purposes of assisting Indian youth and adults to succeed in the workforce, encouraging self-sufficiency, familiarizing Indian Youth 1 and adults with the world of work, facilitating the creation of job opportunities and any services related to these activities.
(Pub. L. 102–477, § 5, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 106–568, title XI, § 1103(b), Dec. 27, 2000, 114 Stat. 2931.)
heading: Amendments
text: 2000—Pub. L. 106–568 substituted “assisting Indian youth and adults to succeed in the workforce, encouraging self-sufficiency, familiarizing Indian Youth and adults with the world of work, facilitating the creation of job opportunities and any services related to these activities” for “job training, tribal work experience, employment opportunities, or skill development, or any program designed for the enhancement of job opportunities or employment training”.
25 U.S.C. § 3405 (INDIANS)
§ 3405. Plan requirements
For a plan to be acceptable pursuant to section 3403 of this title, it shall—
(1) identify the programs to be integrated;
(2) be consistent with the purposes of this chapter authorizing the services to be integrated in a demonstration project;
(3) describe a comprehensive strategy which identifies the full range of potential employment opportunities on and near the tribal government’s service area, and the education, training and related services to be provided to assist Indian workers to access those employment opportunities;
(4) describe the way in which services are to be integrated and delivered and the results expected from the plan;
(5) identify the projected expenditures under the plan in a single budget;
(6) identify the agency or agencies of the tribal government to be involved in the delivery of the services integrated under the plan;
(7) identify any statutory provisions, regulations, policies, or procedures that the tribal government believes need to be waived in order to implement its plan; and
(8) be approved by the governing body of the affected tribe.
(Pub. L. 102–477, § 6, Oct. 23, 1992, 106 Stat. 2303.)
25 U.S.C. § 3406 (INDIANS)
§ 3406. Plan review
Upon receipt of the plan from a tribal government, the Secretary of the Interior shall consult with the Secretary of each Federal agency providing funds to be used to implement the plan, and with the tribal government submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal agency regulations, policies, or procedures necessary to enable the tribal government to implement its plan. Notwithstanding any other provision of law, the Secretary of the affected agency shall have the authority to waive any statutory requirement, regulation, policy, or procedure promulgated by that agency that has been so identified by such tribal government or agency, unless the Secretary of the affected agency determines that such a waiver is inconsistent with the purposes of this chapter or those provisions of the statute from which the program involved derives its authority which are specifically applicable to Indian programs.
(Pub. L. 102–477, § 7, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(c), Dec. 27, 2000, 114 Stat. 2932.)
heading: Amendments
text: 2000—Pub. L. 106–568 substituted “Federal agency” for “Federal department” and “Federal agency regulations” for “Federal departmental regulations”, substituted “agency” for “department” wherever appearing, and inserted “statutory requirement,” after “to waive any”.
25 U.S.C. § 3407 (INDIANS)
§ 3407. Plan approval
Within 90 days after the receipt of a tribal government’s plan by the Secretary, the Secretary shall inform the tribal government, in writing, of the Secretary’s approval or disapproval of the plan, including any request for a waiver that is made as part of the plan submitted by the tribal government. If the plan is disapproved, the tribal government shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend its plan or to petition the Secretary to reconsider such disapproval, including reconsidering the disapproval of any waiver requested by the Indian tribe.
(Pub. L. 102–477, § 8, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(d), Dec. 27, 2000, 114 Stat. 2932.)
heading: Amendments
text: 2000—Pub. L. 106–568 inserted “, including any request for a waiver that is made as part of the plan submitted by the tribal government” after “disapproval of the plan” and “, including reconsidering the disapproval of any waiver requested by the Indian tribe” after “reconsider such disapproval”.
25 U.S.C. § 3408 (INDIANS)
§ 3408. Job creation activities authorized
(a) In general
The plan submitted by a tribal government may involve the expenditure of funds for the creation of employment opportunities and for the development of the economic resources of the tribal government or of individual Indian people if such expenditures are consistent with an overall regional economic activity which has a reasonable likelihood of success and consistent with the purposes specifically applicable to Indian programs in the statute under which the funds are authorized.
(b) Job creation opportunities
(1) In general
Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this chapter, a tribal government may use a percentage of the funds made available under this chapter (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 3409 of this title.
(2) Determination of percentage
The percentage of funds that a tribal government may use under this subsection is the greater of—
(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or
(B) 10 percent.
(c) Limitation
The funds used for an expenditure described in subsection (a) of this section may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.
(Pub. L. 102–477, § 9, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 2932.)
heading: Amendments
text: 2000—Pub. L. 106–568 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
25 U.S.C. § 3409 (INDIANS)
§ 3409. Private sector training placements
A tribal government participating in a demonstration program under this chapter is authorized to utilize funds available under such plan to place participants in training positions with private employers and pay such participants a training allowance or wage for a period not to exceed 12 months, if the tribal government obtains a written agreement from the private employer to provide on-the-job training to such participants and, upon satisfactory completion of the training period, to guarantee permanent employment to such participants for a minimum of 12 months.
(Pub. L. 102–477, § 10, Oct. 23, 1992, 106 Stat. 2304.)
25 U.S.C. § 3410 (INDIANS)
§ 3410. Federal responsibilities
(a) Responsibilities of Department of the Interior
Within 180 days following October 23, 1992, the Secretary of the Interior, the Secretary of Labor, the Secretary of Health and Human Services and the Secretary of Education shall enter into an interdepartmental memorandum of agreement providing for the implementation of the demonstration projects authorized under this chapter. The lead agency for a demonstration program under this chapter shall be the Bureau of Indian Affairs, Department of the Interior. The responsibilities of the lead agency shall include—
(1) the use of a single report format related to the plan for the individual project which shall be used by a tribal government to report on the activities undertaken under the project;
(2) the use of a single report format related to the projected expenditures for the individual project which shall be used by a tribal government to report on all project expenditures;
(3) the development of a single system of Federal oversight for the project, which shall be implemented by the lead agency; and
(4) the provision of technical assistance to a tribal government appropriate to the project, except that a tribal government shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance provider.
(b) Report requirements
The single report format shall be developed by the Secretary, consistent with the requirements of this chapter. Such report format, together with records maintained on the consolidated program at the tribal level shall contain such information as will allow a determination that the tribe has complied with the requirements incorporated in its approved plan and will provide assurances to each Secretary that the tribe has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements which have not been waived.
(Pub. L. 102–477, § 11, Oct. 23, 1992, 106 Stat. 2304.)
25 U.S.C. § 3412 (INDIANS)
§ 3412. Interagency fund transfers authorized
The Secretary of the Interior, Secretary of Labor, Secretary of Health and Human Services, or the Secretary of Education, as appropriate, is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to a tribal government in order to further the purposes of this chapter.
(Pub. L. 102–477, § 13, Oct. 23, 1992, 106 Stat. 2304.)
25 U.S.C. § 3413 (INDIANS)
§ 3413. Administration of funds and overage
(a) Administration of funds
(1) In general
Program funds shall be administered in such a manner as to allow for a determination that funds from specific programs (or an amount equal to the amount attracted from each program) are spent on allowable activities authorized under such program.
(2) Separate records not required
Nothing in this section shall be construed as requiring the tribe to maintain separate records tracing any services or activities conducted under its approved plan to the individual programs under which funds were authorized, nor shall the tribe be required to allocate expenditures among such individual programs.
(b) Overage
All administrative costs may be commingled and participating Indian tribes shall be entitled to the full amount of such costs (under each program or department’s regulations), and no overage shall be counted for Federal audit purposes, provided that the overage is used for the purposes provided for under this chapter.
(Pub. L. 102–477, § 14, Oct. 23, 1992, 106 Stat. 2305.)
25 U.S.C. § 3414 (INDIANS)
§ 3414. Fiscal accountability
Nothing in this chapter shall be construed so as to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to the Single Audit Act of 1984 [31 U.S.C. 7501 et seq.].
(Pub. L. 102–477, § 15, Oct. 23, 1992, 106 Stat. 2305.)
heading: References in Text
text: The Single Audit Act of 1984, referred to in text, is Pub. L. 98–502, Oct. 19, 1984, 98 Stat. 2327, which enacted chapter 75 (§ 7501 et seq.) of Title 31, Money and Finance, and provisions set out as notes under section 7501 of Title 31. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 7501 of Title 31 and Tables.
25 U.S.C. § 3415 (INDIANS)
§ 3415. Report on statutory obstacles to program integration
(a) Preliminary report
Not later than two years after October 23, 1992, the Secretary shall submit a preliminary report to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives on the status of the implementation of the demonstration program authorized under this chapter.
(b) Final report
Not later than five years after October 23, 1992, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources and the Committee on Education and Labor of the House of Representatives on the results of the implementation of the demonstration program authorized under this chapter. Such report shall identify statutory barriers to the ability of tribal governments to integrate more effectively their employment, training, and related services in a manner consistent with the purposes of this chapter.
(Pub. L. 102–477, § 16, Oct. 23, 1992, 106 Stat. 2305; Pub. L. 103–437, § 10(e)(1), (2)(C), Nov. 2, 1994, 108 Stat. 4589.)
heading: Amendments
text: 1994—Subsecs. (a), (b). Pub. L. 103–437 substituted “Committee on Indian” for “Select Committee on Indian” and “Natural Resources” for “Interior and Insular Affairs”.
heading: Change of Name
text: Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.