25 U.S.C. § 3304: Qualification for grants to…

Summary

If an Indian tribe already gets funds for similar education programs under the Indian Self-Determination and Education Assistance Act, the tribe can get a grant here by sending the Secretary a notice that it will run the student aid program in section 3303. That notice takes effect the next fiscal year. If the notice is sent in the last 90 days of a fiscal year, it becomes effective in the second following fiscal year unless the Secretary agrees to waive that delay. A tribe that cannot use that notice must apply for a grant under the Act’s rules in effect on January 1, 1991. The application is reviewed under the contracting rules in effect when it is received. If the Secretary does not reject the application within 180 days, it is treated as approved. If it is rejected, the Secretary must help fix the problems. The Secretary will name an office to get applications and the 180-day clock runs from that office’s receipt. Approved applications take effect the fiscal year after they are filed unless the Secretary waives that rule. Once a tribe is approved, it stays eligible every year unless the Secretary removes eligibility for certain reasons. Reasons include failing to send an annual financial report using an accounting system that follows generally accepted accounting principles; failing to send an annual program report with the number of students served and required details about students, programs, progress, and aid; failing to send a two-year financial audit under chapter 75 of title 31; or failing a third-party review on standards about eligible students, programs, satisfactory progress, or allowable administrative costs (as applied under contracts in effect on January 20, 1991). The Secretary cannot revoke eligibility without written notice and a chance to fix the problem, must provide technical help, and must give the tribe a hearing and appeals under the same rules that apply to similar terminations under the Indian Self-Determination and Education Assistance Act.

Title 25, §3304

Indians, Source: USLM XML via OLRC

(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. 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)Noncontracting tribes

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)Termination of grants

(1)Continuing eligibility presumed

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)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. 5301 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. 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