Title 25, IndiansRelease 119-110

§3305 Allocation of Grant Funds

Title 25 › CHAPTER 35 — INDIAN HIGHER EDUCATION PROGRAMS › SUBCHAPTER I — HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION › § 3305

Last updated Sep 22, 2026|Official source

Summary

The Secretary must keep using the same method from fiscal year 1991 to decide how much program money each grantee gets for tribally‑ and Bureau‑administered grants to individual Indians for postsecondary expenses. A grantee that chose the option in section 3304(a) to run the program under a grant must get extra money for administrative costs based on the method it used in the prior contract period. All other grantees must get administrative money under the Indian Self Determination and Education Assistance Act regulations (Public Law 93–638; 25 U.S.C. 5301 et seq.) as they are when the grantee applies. Each grantee gets only one grant per fiscal year, and must keep that grant in a separate account. Grant money must be used to give need‑based awards to individual Indian students for any postsecondary attendance costs, as set under the tribal contracts under the Indian Self Determination and Education Assistance Act, but only to the extent those costs are not paid from other sources or cannot be defrayed by any State, Federal, or municipal Act. Grant funds may also pay program administration costs, but not more than the administrative amount determined under subsection (a)(2). Nothing here requires giving priority to any resource.

Full Legal Text

Title 25, §3305

Indians, Source: USLM XML via OLRC

(a)Allocation of funds
(1)In general
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)Administrative costs
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)Single grant; separate accounts
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)Use of funds
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).

Legislative History

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3305

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110