§3307 Administrative Provisions

Summary

Grant applications and any changes must be reviewed and approved by staff working under the Director of the Office of Indian Education Programs, and required reports must be sent to education staff under that Director. Sections 5, 6, 7, 105, 109, and 110 of the Indian Self-Determination and Education Assistance Act apply to these grants, except for rules about indirect costs and contract length. The Secretary may make rules only about duties the law gives the Secretary and may not make rules about other grant planning, development, implementation, or evaluation; rules made here are not treated as federal statutes in court. If a tribe asks to take back a program, the Secretary must make the retrocession effective on a date the Secretary sets no more than 120 days after the request, unless both agree to a later date. If a program is retroceded, the Secretary must keep the same quantity and quality of services for any tribe served at the funding level that existed before retrocession. The tribe asking for retrocession must say whether the program will be run under a contract by the tribe or a tribal entity under the Indian Self-Determination Act (25 U.S.C. 5321 et seq.) or will return to a Bureau-run program. Secretary — the Secretary of the Interior. “Indian” and “Indian tribe” — same meanings as in section 4(d) and (e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(d), (e)).