Title 25IndiansRelease 119-73

§2506 Payment of grants; investment of funds

Title 25 › Chapter CHAPTER 27— - TRIBALLY CONTROLLED SCHOOL GRANTS › § 2506

Last updated Apr 6, 2026|Official source

Summary

The Secretary must pay grantees in two yearly payments. The first payment is due by July 1 and must equal 80% of what the grantee received in the prior academic year. The second payment, covering the rest, is due by December 1. If the first payment is later found to be too large, the grantee must return the extra within 30 days after the final overpayment decision. Returned money is split equally among all schools in the system. If a school got no Bureau payment the prior year, its full first-year amount must be paid by December 1 of that academic year. If funds become available on October 1 of the fiscal year, payments must be made by December 1 of that fiscal year. The rules in chapter 39 of title 31 apply, and payments must follow any limits in continuing resolutions or other appropriations laws. Any interest earned on these funds after they are given to an Indian tribe or tribal organization belongs to that tribe or organization and must be used for the school. Federal officials may not count that interest when deciding whether to give other federal help or how much to give. Tribes or tribal organizations may invest the funds before spending them only in U.S. government obligations, U.S.-guaranteed or -insured obligations or securities, SEC-registered funds that hold only such U.S. obligations, or in accounts insured by a U.S. agency or fully protected by collateral. Funds under this chapter must not be counted when federal agencies make underrecovery or overrecovery calculations for other funds.

Full Legal Text

Title 25, §2506

Indians — Source: USLM XML via OLRC

(a)(1)Except as otherwise provided in this subsection, the Secretary shall make payments to grantees under this chapter in two payments, of which—
(A)the first payment shall be made not later than July 1 of each year in an amount equal to 80 percent of the amount which the grantee was entitled to receive during the preceding academic year; and
(B)the second payment, consisting of the remainder to which the grantee is entitled for the academic year, shall be made not later than December 1 of each year.
(2)In a case in which the amount provided to a grant recipient under paragraph (1)(A) is in excess of the amount that the recipient is entitled to receive for the academic year involved, the recipient shall return to the Secretary such excess amount not later than 30 days after the final determination that the school was overpaid pursuant to this section. The amount returned to the Secretary under this paragraph shall be distributed equally to all schools in the system.
(3)For any school for which no payment under this chapter was made from Bureau funds in the preceding academic year, full payment of the amount computed for the first academic year of eligibility under this chapter shall be made not later than December 1 of the academic year.
(4)With regard to funds for grantees that become available for obligation on October 1 of the fiscal year for which such funds are appropriated, the Secretary shall make payments to grantees not later than December 1 of the fiscal year.
(5)The provisions of chapter 39 of title 31 shall apply to the payments required to be made by paragraphs (1), (3), and (4).
(6)Paragraphs (1), (3), and (4) shall be subject to any restriction on amounts of payments under this chapter that are imposed by a continuing resolution or other Act appropriating the funds involved.
(b)(1)Notwithstanding any other provision of law, any interest or investment income that accrues to any funds provided under this chapter 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 chapter 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. Such interest income shall be spent on behalf of the school.
(2)Funds provided under this chapter may be invested by the Indian tribe or tribal organization before such funds are expended for the purposes of this chapter so long as such funds are—
(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 mutual (or other) funds registered with the Securities and Exchange Commission and which only invest in obligations of the United States, or securities that are guaranteed or insured by the United States; or
(B)deposited only into accounts that are insure by and 11 So in original. Probably should be “insured by an”. agency or instrumentality of the United States, or are fully collateralized to ensure protection of the funds, even in the event of a bank failure.
(c)For the purposes of underrecovery and overrecovery determinations by any Federal agency for any other funds, from whatever source derived, funds received under this chapter shall not be taken into consideration.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2506, Pub. L. 100–297, title V, § 5207, Apr. 28, 1988, 102 Stat. 391; Pub. L. 100–427, § 12, Sept. 9, 1988, 102 Stat. 1608, related to duration of eligibility determination, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2505 of this title.Q04

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

Reference

Citations & Metadata

Citation

25 U.S.C. § 2506

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73