25 U.S.C. § 13a — Carryover funding

Page 14 TITLE 25—INDIANS § 13–1 1 See References in Text note below. AVAILABILITY OF HOUSING IMPROVEMENT PROGRAM GRANT REPAYMENTS FOR PROGRAM OBLIGATIONS Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 714, pro- vided: ‘‘That hereafter, notwithstanding any other pro- vision of law, amounts collected from grantees by the Secretary as grant repayments required under the Sec- retary’s regulations for the Housing Improvement Pro- gram shall be credited in the year collected and shall be available for obligation under the terms and condi- tions applicable to the Program under that year’s ap- propriation’’. ALTERNATIVE METHODS FOR EQUITABLE DISTRIBUTION OF SUPPLEMENTAL PROGRAM FUNDS; DEVELOPMENT, PUBLICATION, ETC., OF FORMULA Pub. L. 95–561, title XI, § 1102, Nov. 1, 1978, 92 Stat. 2316, provided that: ‘‘(a) The Secretary of the Interior shall develop alter- native methods for the equitable distribution of any supplement program funds provided, pursuant to an ap- propriation under the Act of November 2, 1921, com- monly referred to as the Snyder Act [25 U.S.C. 13], for contracting under the Act of April 16, 1934, commonly referred to as the Johnson-O’Malley Act [25 U.S.C. 5342 et seq.], and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose of al- lowing eligible tribes to comment by May 1, 1979. At that time, the Secretary shall conduct a field survey listing all alternative formula. ‘‘(b) By July 1, 1979, the Secretary shall establish and publish the formula in the Federal Register which the majority of such tribes determine, but vote certified to the Secretary, to be most equitable and shall use such formula for purposes of distribution of the funds appro- priated pursuant to such Act beginning on or after Oc- tober 1, 1979. The Secretary shall, in accordance with procedures consistent with that prescribed herein, re- vise such formula periodically as necessary’’. PAYMENTS FOR BASIC EDUCATIONAL SUPPORT GRANTS OR CONTRACTS; AUTHORIZATION; TIME Pub. L. 95–561, title XI, § 1103(a), Nov. 1, 1978, 92 Stat. 2316, as amended by Pub. L. 96–46, § 2(b)(1), Aug. 6, 1979, 93 Stat. 341, provided that payments for basic edu- cational support grants or contracts for fiscal year 1978, including any fiscal year 1978 funds subsequently obligated in fiscal year 1979, were to be made under the authority of act Apr. 16, 1934, and set forth conditions, time, etc., for payments. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 13–1. Authorization of appropriations for funds for basic educational support through parent committees Such sums as are needed under section 13 of this title are authorized to be appropriated to provide funds for basic educational support through parent committees under the Act of April 16, 1934 [25 U.S.C. 5342 et seq.], to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian stu- dents in the public schools in which they are en- rolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded In- dian students attending public schools. (Pub. L. 95–561, title XI, § 1103(b), Nov. 1, 1978, 92 Stat. 2316.) Editorial Notes REFERENCES IN TEXT Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the John- son-O’Malley Act, which is classified generally to sec- tion 5342 et seq. of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of Title 20, Edu- cation. § 13a. Carryover funding Notwithstanding any other provision of law, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obli- gated or expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain avail- able for obligation or expenditures during such succeeding fiscal year. In the case of amounts made available to a tribal organization under a self-determination contract, if the funds are to be expended in the succeeding fiscal year for the purpose for which they were originally appro- priated, contracted or granted, or for which they are authorized to be used pursuant to the provi- sions of section 5325(a)(3) 1 of this title, no addi- tional justification or documentation of such purposes need be provided by the tribal organi- zation to the Secretary as a condition of receiv- ing or expending such funds. (Pub. L. 93–638, § 8, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100–472, title I, § 105, Oct. 5, 1988, 102 Stat. 2287.) Editorial Notes REFERENCES IN TEXT Section 5325(a)(3) of this title, referred to in text, was repealed and a new subsec. (a)(3) of section 5325 was added by Pub. L. 103–413, title I, § 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 5325(a)(4) of this title. AMENDMENTS 1988—Pub. L. 100–472 amended section generally. Prior to amendment, section read as follows: ‘‘The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to section 13 of this title, for any fiscal year which are not obligated and ex- pended prior to the beginning of the fiscal year suc- ceeding the fiscal year for which such funds were appro- priated shall remain available for obligation and ex- penditure during such succeeding fiscal year.’’ § 13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards On and after October 12, 1984, funds appro- priated under this or any other Act for the Bu-