TITLE 25 - US CODE - CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

TITLE 25 - US CODE - SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

25 USC 3301 - Short title

This subchapter may be cited as the Higher Education Tribal Grant Authorization Act.

25 USC 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;
(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 Governments continuing trust responsibility to provide education services to American Indian and Alaska Natives.

25 USC 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.

25 USC 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;
(B) fails to submit to the Bureau an annual program description, stating the number of students served, and containing such information concerning such students, their educational programs and progress, and the financial assistance distributed to such students as the Secretary may require by regulation;
(C) fails to submit to the Secretary a biennial financial audit conducted in accordance with chapter 75 of title 31; or
(D) fails, in an evaluation of its financial assistance program conducted by an impartial third party entity, to comply with standards under this subchapter relating to
(i)  eligible students, programs, or institutions of higher education,
(ii)  satisfactory progress, or
(iii)  allowable administrative costs; as determined under contracts applicable to programs to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education administered by Indian tribes under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] and in effect on January 20, 1991.
(3) Procedures for revocation of eligibility 
The Secretary shall not revoke the eligibility of an Indian tribe for a grant under this subchapter except
(A) after notice in writing to the tribe of the cause and opportunity to the tribe to correct;
(B) providing technical assistance to the tribe in making such corrections; and
(C) after hearing and appeals conducted under the same rules and regulations that apply to similar termination actions under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.].

25 USC 3305 - Allocation of grant funds

(a) Allocation of funds 

(1) In general 
The Secretary shall continue to determine the amount of program funds to be received by each grantee under this subchapter by the same method used for determining such distribution in fiscal year 1991 for tribally-administered and Bureau-administered programs of grants to individual Indians to defray postsecondary expenses.
(2) Administrative costs 
In addition to the amount determined under paragraph (1), a grantee which has exercised the option given in section 3304 (a) of this title to administer the program under a grant shall receive an amount for administrative costs determined pursuant to the method used by the grantee during the preceding contract period. All other grantees shall receive an amount for administrative costs determined pursuant to the regulations governing such determinations under the Indian Self Determination and Education Assistance Act [25 U.S.C. 450 et seq.], as in effect at the time of application to grants being made.
(3) Single grant; separate accounts 
Each grantee shall receive only one grant during any fiscal year, which shall include both of the amounts under paragraphs (1) and (2). Each grantee shall maintain this grant in a separate account.
(b) Use of funds 
Funds provided by grants under this subchapter shall be used
(1) to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under the contracts applying to the postsecondary education program administered by tribes under the Indian Self Determination and Education Assistance Act (Public Law 93638) [25 U.S.C. 450 et seq.]), to the extent that such expense is not met from other sources or cannot be defrayed through the action of any State, Federal, or municipal Act, except that nothing in this subsection shall be interpreted as requiring any priority in consideration of resources; and
(2) costs of administering the program under this subchapter, except that no more may be spent on administration of such program than is generated by the method for administrative cost computation specified in subsection (a)(2) of this section.

25 USC 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.

25 USC 3307 - Administrative provisions

(a) Omitted 
(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 Indian Self Determination and Education Assistance Act [25 U.S.C. 450b (d), (e)].
[1] So in original. Probably should be “section”.

TITLE 25 - US CODE - SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

25 USC 3321 - Short title

This subchapter may be cited as the Critical Needs for Tribal Development Act.

25 USC 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)].

25 USC 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.

25 USC 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, or local agency or instrumentality or by a nonprofit or for-profit private institution or organization; and
(3) may obtain the benefits of a waiver or suspension in accordance with the requirements of subsection (c) of this section.
(c) Waiver and suspension of service agreement 

(1) Waiver 
An Indian tribe or tribal organization may, by formal action, waive the service agreement of an Indian student for just cause, as determined in accordance with regulations prescribed by the Secretary. The tribe or organization shall notify the Secretary in writing of any waiver granted under this subsection.
(2) Suspension 
The obligation of a student to perform services under a critical area service agreement
(A) shall be suspended for not more than 18 months if, at the request of the student, the tribe or organization determines that there are no employment opportunities available in any critical service area; and
(B) shall be suspended if the student 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 in any critical service area, the students obligations under the agreement shall terminate. A suspension under subparagraph (B) shall be reviewed by the tribe or organization annually, but may be continued indefinitely.

(d) Pro rata reduction for partial services 
The Secretary shall, by regulation, provide for the pro rata reduction of repayment obligations under subsection (a)(2) of this section in the case of any student who partially completes the service obligation of that student under subsection (a)(2)(A) of this section.
(e) Certification of service 
An Indian tribe or tribal organization receiving services under a critical area service agreement
(1) shall establish procedures for monitoring and evaluating the provisions of this subchapter, and provide a copy of such procedures to the Secretary and to each individual providing services under a critical area service agreement;
(2) shall annually certify to the Secretary the identities of the individuals performing service under such agreements; and
(3) shall annually certify to the Secretary the amount of service performed, and the amount remaining to be performed, by each such individual under such agreements.
[1] See References in Text note below.

25 USC 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.

TITLE 25 - US CODE - SUBCHAPTER III - TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING LOAN PROGRAM

3331 to 3338. Repealed. Pub. L. 105332, 6(b)(1), Oct. 31, 1998, 112 Stat. 3128

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. Section 3332, Pub. L. 102–325, title XIII, § 1342, July 23, 1992, 106 Stat. 809, declared congressional findings and purposes. Section 3333, Pub. L. 102–325, title XIII, § 1343, July 23, 1992, 106 Stat. 809, related to revolving fund. Section 3334, Pub. L. 102–325, title XIII, § 1344, July 23, 1992, 106 Stat. 810, related to eligible recipients. Section 3335, Pub. L. 102–325, title XIII, § 1345, July 23, 1992, 106 Stat. 810, related to terms of loans. Section 3336, Pub. L. 102–325, title XIII, § 1346, July 23, 1992, 106 Stat. 811, related to service fulfillment and conditions, repayments, and waivers. Section, 3337, Pub. L. 102–325, title XIII, § 1347, July 23, 1992, 106 Stat. 812, related to administration. Section 3338, Pub. L. 102–325, title XIII, § 1348, July 23, 1992, 106 Stat. 812, authorized appropriations.

TITLE 25 - US CODE - SUBCHAPTER IV - AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT SCHOLARSHIP

3351 to 3355. Repealed. Pub. L. 105332, 6(b)(1), Oct. 31, 1998, 112 Stat. 3128

Section 3351, Pub. L. 102–325, title XIII, § 1361, July 23, 1992, 106 Stat. 813, related to American Indian Post-Secondary Economic Development Scholarship. Section 3352, Pub. L. 102–325, title XIII, § 1362, July 23, 1992, 106 Stat. 813, related to Indian scholarships. Section 3353, Pub. L. 102–325, title XIII, § 1363, July 23, 1992, 106 Stat. 813, related to scholarship conditions. Section 3354, Pub. L. 102–325, title XIII, § 1364, July 23, 1992, 106 Stat. 815, required annual reports by Indian tribes receiving grants. Section 3355, Pub. L. 102–325, title XIII, § 1365, July 23, 1992, 106 Stat. 815, authorized appropriations.

TITLE 25 - US CODE - SUBCHAPTER V - AMERICAN INDIAN TEACHER TRAINING

25 USC 3371 - Repealed. Pub. L. 105332, 6(b)(1), Oct. 31, 1998, 112 Stat. 3128

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.