§3304 Qualification for Grants to Tribes

Summary

Tribes that already run similar education programs under a contract with the Indian Self-Determination and Education Assistance Act can get a grant by telling the Secretary they intend to run a student aid program. That notice makes them eligible starting the fiscal year after they file it, unless it was filed in the last 90 days of a fiscal year — then eligibility starts the second following fiscal year unless the Secretary says otherwise. Tribes that cannot use that notice can apply for a grant instead. Applications follow the Act’s rules as of January 1, 1991, and are reviewed under the contracting standards in effect when the application arrives. If the Secretary does not reject an application within 180 days it is treated as approved. A rejected applicant must get help to fix problems. The Secretary must name an office to receive applications and pause the 180-day clock from the date that office gets the application. Grants start the fiscal year after filing unless waived. A tribe that becomes eligible keeps that status each year unless the Secretary removes it for cause. Causes include failing to give an annual financial statement using generally accepted accounting principles, failing to file an annual program report with student numbers and required details, failing to provide a biennial audit under chapter 75 of title 31, or failing an impartial evaluation on rules about who is eligible, student progress, or allowable admin costs (as set by contracts in effect January 20, 1991). The Secretary cannot remove eligibility without written notice, a chance to correct the problem with technical help, and a hearing and appeals under the same rules used for similar terminations under the Act.