§2506 — Title 25 Indians | U.S. Code

Summary

The Secretary must pay grantees in two parts each year. The first payment is due by July 1 and must equal 80% of what the grantee was entitled to the year before. The second payment, the remaining amount for the year, is due by December 1. If the first payment is more than the grantee should have received, the grantee must return the extra within 30 days after the overpayment is finally found; that returned money is split equally among all schools in the system. A school that got no Bureau funds the year before must get its full first-year payment by December 1 of its first year. If funds become available on October 1, payments must be made by December 1 of that fiscal year. These payment rules follow other federal payment laws and are subject to any limits in continuing resolutions or other appropriation laws. Any interest or investment earnings that come from these grant funds after they are given to a tribe or tribal organization and before they are spent belong to that tribe or organization and must be used for the school. Federal officials cannot count that interest when deciding other federal aid. The tribe or organization may invest the funds only in U.S. government obligations, U.S.-guaranteed securities, SEC-registered mutual funds that hold only those kinds of investments, or bank accounts that are federally insured or fully collateralized to protect the money. These grant funds must not be counted when federal agencies calculate underrecovery or overrecovery for other funds.

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.

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.

§2506 Payment of Grants; Investment of Funds