§3304 — Title 25 Indians | U.S. Code

Summary

Indian tribes can get student-assistance grants either by telling the Secretary they will run a program like the one in section 3303 or by sending a formal application. A notice becomes effective for the fiscal year after it is sent, except if sent in the last 90 days of a fiscal year — then it becomes effective the second fiscal year after unless the Secretary agrees otherwise. Tribes that must apply do so under the Indian Self-Determination and Education Assistance Act rules as of January 1, 1991, and their applications are reviewed under the standards in effect when the application arrives. If the Secretary does not reject an application within 180 days of filing, the application is treated as approved. If an application is rejected, the Secretary must help the tribe fix it. The Secretary will name an office or official to get applications and will pause the 180-day clock from the date that office receives an application. Approved applications take effect the fiscal year after they are submitted unless the Secretary waives that timing. Once a tribe qualifies, it stays eligible each year unless the Secretary removes that eligibility for specific reasons. The Secretary can remove eligibility if the tribe does not send an annual financial statement using an accounting system that follows generally accepted accounting principles; does not send an annual program report showing how many students were served and other required details; does not send a biennial financial audit under chapter 75 of title 31; or, according to a neutral third-party review, fails to meet standards about which students and programs are eligible, students’ satisfactory progress, or allowable administrative costs, as set in contracts in effect on January 20, 1991. Before removing eligibility, the Secretary must give written notice and a chance to fix the problem, provide technical help, and hold hearings and appeals under the same rules used for similar actions under the Indian Self-Determination and Education Assistance Act.

Title 25, §3304

Indians — Source: USLM XML via OLRC

(a)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. 5301 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)Any Indian tribe that is not eligible to qualify for a grant under this subchapter by filing a notice under subsection (a) 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. 5301 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)(1)An Indian tribe which has qualified under subsection (a) or (b) 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)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. 5301 et seq.] and in effect on January 20, 1991.

(3)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. 5301 et seq.].

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

§3304 Qualification for grants to tribes