§3305 — Title 25 Indians | U.S. Code

Summary

The Secretary must keep using the same formula used in fiscal year 1991 to decide how much program money each tribe or other grant recipient gets for grants to individual Indian students. If a recipient chose under section 3304(a) to run the program itself, it also gets an administrative payment figured the same way it was calculated in the last contract period. Other recipients get an administrative payment figured under the Indian Self-Determination and Education Assistance Act regulations in effect when they applied. Each recipient gets only one grant per fiscal year that combines the student funds and the admin funds, and that grant must be kept in a separate account. The grant money must pay need-based costs for individual Indian students in postsecondary programs, as set by contracts for tribally run postsecondary programs under Public Law 93–638, but only for expenses not paid by other sources or covered by state, federal, or municipal programs. The funds may also pay program administration costs, but administrative spending cannot be more than the amount calculated by the administrative method described above.

Title 25, §3305

Indians — Source: USLM XML via OLRC

(a)(1)The Secretary shall continue to determine the amount of program funds to be received by each grantee under this subchapter by the same method used for determining such distribution in fiscal year 1991 for tribally-administered and Bureau-administered programs of grants to individual Indians to defray postsecondary expenses.

(2)In addition to the amount determined under paragraph (1), a grantee which has exercised the option given in section 3304(a) of this title to administer the program under a grant shall receive an amount for administrative costs determined pursuant to the method used by the grantee during the preceding contract period. All other grantees shall receive an amount for administrative costs determined pursuant to the regulations governing such determinations under the Indian Self Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], as in effect at the time of application to grants being made.

(3)Each grantee shall receive only one grant during any fiscal year, which shall include both of the amounts under paragraphs (1) and (2). Each grantee shall maintain this grant in a separate account.

(b)Funds provided by grants under this subchapter shall be used—

(1)to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under the contracts applying to the postsecondary education program administered by tribes under the Indian Self Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 5301 et seq.]), to the extent that such expense is not met from other sources or cannot be defrayed through the action of any State, Federal, or municipal Act, except that nothing in this subsection shall be interpreted as requiring any priority in consideration of resources; and

(2)costs of administering the program under this subchapter, except that no more may be spent on administration of such program than is generated by the method for administrative cost computation specified in subsection (a)(2).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (b)(1), 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.

§3305 Allocation of Grant Funds