§2326 — Title 20 Education | U.S. Code

Summary

The Secretary must use certain reserved federal funds to give grants or contracts to Indian Tribes, Tribal organizations, and Alaska Native groups so they can run career and technical education (CTE) programs. The Secretary cannot give those grants directly to secondary programs in Bureau-funded schools, but Tribes or groups that get money may use it to help Bureau of Indian Education (BIE) secondary schools run CTE programs. Grants to Tribes follow other Title 25 rules. If enough money is available, the BIE must spend an amount equal to what is made available for these programs and at least as much as it spent the year before on CTE it runs or contracts for. The Secretary and the BIE must make a joint plan for spending and evaluating the funds, and then the Secretary will run the program with BIE help. If the Secretary writes rules that affect Tribes, the Secretary must consult Tribes and use the Negotiated Rulemaking Act of 1990. Eligible groups can apply alone or in a consortium. Funds can pay for CTE programs, prep or remedial classes that help students succeed, and limited student stipends for those with urgent financial need. Applicants must apply and promise to follow the rules. Grants should favor programs tied to Tribal economic development and tribally controlled colleges that are accredited or seeking accreditation. Related funds may be combined under the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.). Community groups mostly serving Native Hawaiians may get grants from a separate reserve to run similar programs for Native Hawaiians. Definitions: Alaska Native — as defined in 43 U.S.C. 1602. Bureau-funded school — as defined in 25 U.S.C. 2021. Native Hawaiian — someone whose ancestors were native to Hawaii before 1778. Native Hawaiian organization — as defined in 20 U.S.C. 7517.

Title 20, §2326

Education — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Alaska Native” means a Native as such term is defined in section 1602 of title 43.

(2)The term “Bureau-funded school” has the meaning given the term in section 2021 of title 25.

(3)The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.

(4)The term “Native Hawaiian organization” has the meaning given the term in section 7517 of this title.

(b)(1)From funds reserved under section 2321(a)(1)(B)(i) of this title, the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bureau-funded schools.

(2)The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of section 5321 of title 25 and shall be conducted in accordance with the provisions of section 5345, 5346, and 5347 of title 25, which are relevant to the programs administered under this subsection.

(3)An Indian Tribe, a Tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Education to enable such school to carry out career and technical education programs.

(4)If sufficient funding is available, the Bureau of Indian Education shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of Indian Education shall expend not less than the amount expended during the prior fiscal year on career and technical education programs, services, and technical activities administered directly by, or under contract with, the Bureau of Indian Education, except that in no year shall funding for such programs, services, and activities be provided from accounts and programs that support other Indian education programs. The Secretary and the Director of the Bureau of Indian Education shall prepare jointly a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Education.

(5)If the Secretary promulgates any regulations applicable to paragraph (2), the Secretary shall—

(A)confer with, and allow for active participation by, representatives of Indian Tribes, Tribal organizations, and individual Tribal members; and

(B)promulgate the regulations under subchapter III of chapter 5 of title 5, commonly known as the “Negotiated Rulemaking Act of 1990”.

(6)Any Indian Tribe, Tribal organization, or Bureau-funded school eligible to receive assistance under this subsection may apply individually or as part of a consortium with another such Indian Tribe, Tribal organization, or Bureau-funded school.

(c)(1)Funds made available under this section shall be used to carry out career and technical education programs consistent with the purpose of this chapter.

(2)Notwithstanding section 2302(5)(A)(iii) of this title, funds made available under this section may be used to provide preparatory, refresher, and remedial education services that are designed to enable students to achieve success in career and technical education programs or programs of study.

(3)(A)Funds received pursuant to grants or contracts awarded under subsection (b) may be used to provide stipends to students who are enrolled in career and technical education programs and who have acute economic needs which cannot be met through work-study programs.

(B)Stipends described in subparagraph (A) shall not exceed reasonable amounts as prescribed by the Secretary.

(d)In order to receive a grant or contract under this section, an organization, Tribe, or entity described in subsection (b) shall submit an application to the Secretary that shall include an assurance that such organization, Tribe, or entity shall comply with the requirements of this section.

(e)The Secretary may not place upon grants awarded or contracts entered into under subsection (b) any restrictions relating to programs other than restrictions that apply to grants made to or contracts entered into with States pursuant to allotments under section 2321(a) of this title. The Secretary, in awarding grants and entering into contracts under this section, shall ensure that the grants and contracts will improve career and technical education programs, and shall give special consideration to—

(1)programs that involve, coordinate with, or encourage Tribal economic development plans; and

(2)applications from tribally controlled colleges or universities that—

(A)are accredited or are candidates for accreditation by a nationally recognized accreditation organization as an institution of postsecondary career and technical education; or

(B)operate career and technical education programs that are accredited or are candidates for accreditation by a nationally recognized accreditation organization, and issue certificates for completion of career and technical education programs.

(f)Each organization, Tribe, or entity receiving assistance under this section may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).

(g)Nothing in this section shall be construed—

(1)to limit the eligibility of any organization, Tribe, or entity described in subsection (b) to participate in any activity offered by an eligible agency or eligible recipient under this subchapter; or

(2)to preclude or discourage any agreement, between any organization, Tribe, or entity described in subsection (b) and any eligible agency or eligible recipient, to facilitate the provision of services by such eligible agency or eligible recipient to the population served by such eligible agency or eligible recipient.

(h)From the funds reserved pursuant to section 2321(a)(1)(B)(ii) of this title, the Secretary shall award grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the benefit of Native Hawaiians.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Employment, Training and Related Services Demonstration Act of 1992, referred to in subsec. (f), is Pub. L. 102–477, Oct. 23, 1992, 106 Stat. 2302, which is classified generally to chapter 36 (§ 3401 et seq.) of Title 25, Indians. The Act was renamed the Indian Employment, Training and Related Services Act of 1992 by Pub. L. 115–93, § 2, Dec. 18, 2017, 131 Stat. 2026. For complete classification of this Act to the Code, see

Short Title

note set out under section 3401 of Title 25 and Tables.

Prior Provisions

A prior section 2326, Pub. L. 88–210, title I, § 116, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3094; amended Pub. L. 107–110, title VII, § 702(b), (c), Jan. 8, 2002, 115 Stat. 1946, 1947, related to Native American program, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2326, Pub. L. 88–210, title I, § 116, as added Pub. L. 101–392, title I, § 116, Sept. 25, 1990, 104 Stat. 772, related to State assessments of program quality, prior to the general amendment of this chapter by Pub. L. 105–332.

Amendments

2018—Subsec. (a). Pub. L. 115–224, § 115(1), redesignated pars. (4) and (5) as (3) and (4), respectively, made technical

Amendments

to capitalization of “Native” and “Hawaiian” in headings of pars. (1), (3), and (4) of original Act requiring no change in text and to reference in par. (4) of original Act which appears in text as reference to section 7517 of this title, and struck out former par. (3) which defined “Indian”, “Indian tribe”, and “tribal organization” as having the meanings given those terms in section 5304 of title 25. Subsec. (b)(1). Pub. L. 115–224, § 115(2)(A), substituted “Indian Tribes, Tribal organizations,” for “Indian tribes, tribal organizations,”. Subsec. (b)(2). Pub. L. 115–224, § 115(2)(B)(iii), (iv), made technical amendment to references in original Act which appear in text as references to section 5321 of title 25 and section 5345, 5346, and 5347 of title 25. Pub. L. 115–224, § 115(2)(B)(i), (ii), substituted “Indian tribes and tribal organizations” for “Indian tribes and tribal organizations” in heading of original Act which appears in heading as “Indian Tribes and Tribal organizations” and substituted “Indian Tribe or Tribal organization” for “Indian tribe or tribal organization” in text. Subsec. (b)(3). Pub. L. 115–224, § 115(2)(C), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” in heading and text and substituted “An Indian Tribe, a Tribal organization,” for “An Indian tribe, a tribal organization,”. Subsec. (b)(4). Pub. L. 115–224, § 115(2)(D), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” wherever appearing and “Director of the Bureau of Indian Education” for “Assistant Secretary of the Interior for Indian Affairs”. Subsec. (b)(5)(A). Pub. L. 115–224, § 115(2)(E), substituted “Indian Tribes, Tribal organizations, and individual Tribal members” for “Indian tribes, tribal organizations, and individual tribal members”. Subsec. (b)(6). Pub. L. 115–224, § 115(2)(F), substituted “Indian Tribe, Tribal organization,” for “Indian tribe, tribal organization,” in two places. Subsec. (c)(2), (3). Pub. L. 115–224, § 115(3), added par. (2) and redesignated former par. (2) as (3). Subsecs. (d) to (g). Pub. L. 115–224, § 115(4)–(7), substituted “Tribe” for “tribe” and “Tribal” for “tribal” wherever appearing. 2015—Subsec. (a)(5). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§2326 Native American Programs

Summary

Title 20, §2326

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Amendments

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata