25 U.S.C. § 3307 — Administrative provisions

Page 571 TITLE 25—INDIANS § 3307 1 See References in Text note below. 2 So in original. Probably should be ‘‘section’’. (b) Interest on funds No interest or other income on any funds made available under this subchapter shall be used for any purpose other than those for which such funds may be used. (c) Payments (1) In general Except as otherwise provided in this sub- section, the Secretary shall make payments to grantees under this subchapter in two pay- ments— (A) one payment to be made no later than October 1 of each fiscal year in an amount equal to one-half the amount paid during the preceding fiscal year to the grantee or a con- tractor that has elected to have the provi- sions of this subchapter apply, and (B) the second payment consisting of the remainder to which the grantee or con- tractor is entitled for the fiscal year to be made by no later than January 1 of the fiscal year. (2) New grantees For any tribe for which no payment was made under this subchapter in the preceding fiscal year, full payment of the amount com- puted for each fiscal year shall be made by January 1 of the fiscal year. (d) Investment of funds (1) Treatment as tribal property Notwithstanding any other provision of law, any interest or investment income that ac- crues on any funds provided under this sub- chapter after such funds are paid to the Indian tribe or tribal organization and before such funds are expended for the purpose for which such funds were provided under this sub- chapter shall be the property of the Indian tribe or tribal organization and shall not be taken into account by any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, under any provision of Federal law. (2) Investment requirements Funds provided under this subchapter may be— (A) invested by the Indian tribe or tribal organization only in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States, or (B) deposited only into accounts that are insured by an agency or instrumentality of the United States. (e) Recoveries For the purposes of under recovery and over recovery determinations by any Federal agency for any other funds, from whatever source de- rived, funds received under this subchapter shall not be taken into consideration. (Pub. L. 102–325, title XIII, § 1316, July 23, 1992, 106 Stat. 801.) § 3307. Administrative provisions (a) Omitted (b) Role of Director Applications for grants under this subchapter, and all application modifications, shall be re- viewed and approved by personnel under the di- rection and control of the Director of the Office of Indian Education Programs. Required reports shall be submitted to education personnel under the direction and control of the Director of such Office. (c) Application of Indian Self-Determination and Education Assistance Act All provisions of sections 5, 6, 7, 105, 109, and 110 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450c et seq.),1 except those provisions pertaining to indirect costs and length of contract, shall apply to grants provided under this subchapter. (d) Regulations The Secretary is authorized to issue regula- tions relating to the discharge of duties specifi- cally assigned to the Secretary by this sub- chapter. In all other matters relating to the de- tails of planning, development, implementing, and evaluating grants under this subchapter, the Secretary shall not issue regulations. Regula- tions issued pursuant to this subchapter shall not have the standing of a Federal statute for the purposes of judicial review. (e) Retrocession Whenever an Indian tribe requests retroces- sion of any program for which assistance is pro- vided under this subchapter, such retrocession shall become effective upon a date specified by the Secretary not more than 120 days after the date on which the tribe requests the retroces- sion, or such later date as may be mutually agreed upon by the Secretary and the tribe. If such a program is retroceded, the Secretary shall provide to any Indian tribe served by such program at least the same quantity and quality of services that would have been provided under such program at the level of funding provided under this subchapter prior to the retrocession. The tribal governing body requesting the ret- rocession shall specify whether the retrocession shall be to a contract administered by the tribe, or a tribal entity, under the authority of the In- dian Self-Determination Act [25 U.S.C. 5321 et seq.] or to a Bureau administered program. (f) Definitions For the purposes of this subchapter: (1) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (2) The terms ‘‘Indian’’ and ‘‘Indian tribe’’ have the same meaning given those terms in sections 2 4(d) and (e), respectively, of the In- dian Self Determination and Education Assist- ance Act [25 U.S.C. 5304(d), (e)]. (Pub. L. 102–325, title XIII, § 1317, July 23, 1992, 106 Stat. 802.) Page 572 TITLE 25—INDIANS § 3321 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT Sections 5, 6, 7, 105, 109, and 110 of the Indian Self-De- termination and Education Assistance Act (25 U.S.C. 450c et seq.), referred to in subsec. (c), are sections 5, 6, 7, 105, 109, and 110 of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which were classified to sections 450c, 450d, 450e, 450j, 450m, and 450m–1, respectively, of this title prior to editorial reclassification as sections 5305, 5306, 5307, 5324, 5330, and 5331, respectively, of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Indian Self-Determination Act, referred to in subsec. (e), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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. CODIFICATION Subsec. (a) of this section, which required the Sec- retary to submit a biennial report to Congress on pro- grams established under this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 79 of House Document No. 103–7. SUBCHAPTER II—CRITICAL NEEDS FOR TRIBAL DEVELOPMENT § 3321. Short title This subchapter may be cited as the ‘‘Critical Needs for Tribal Development Act’’. (Pub. L. 102–325, title XIII, § 1321, July 23, 1992, 106 Stat. 803.) § 3322. Definitions As used in this subchapter: (1) The term ‘‘federally funded higher edu- cation assistance’’ means any grant assistance provided to an Indian student from funds made available for such purpose by contract or grant to an Indian tribe from amounts appro- priated under the authority of section 13 of this title. (2) The term ‘‘eligible Indian tribe or tribal organization’’ means any Indian tribe or tribal organization that qualifies to administer fed- erally funded higher education assistance under a contract pursuant to the Indian Self- Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] or under a grant pursu- ant to subchapter I of this chapter. (3) The term ‘‘Indian’’ has the meaning given such term in section 4(d) of the Indian Self De- termination and Education Assistance Act [25 U.S.C. 5304(d)]. (Pub. L. 102–325, title XIII, § 1322, July 23, 1992, 106 Stat. 803.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in par. (2), 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. § 3323. Service conditions permitted (a) In general An eligible Indian tribe or tribal organization may, in accordance with the requirements of this subchapter, require any applicant for feder- ally funded higher education assistance, as a condition of receipt of such assistance, to enter into a critical area service agreement in accord- ance with section 3324 of this title. (b) Critical area designation Any eligible Indian tribe or tribal organiza- tion that intends to require critical area service agreements shall, by a formal action of the trib- al council or its delegate, designate particular occupational areas as critical areas for the eco- nomic or human development needs of the tribe or its members. The tribe or organization shall notify the Secretary of the Interior in writing of such designated critical areas. Such designa- tions shall be applicable to federally funded higher education assistance for any fiscal year following the fiscal year in which the designa- tion is made until such designation is withdrawn by the tribe or organization by formal action. The tribe or organization shall notify the Sec- retary of the Interior in writing of any designa- tions that are withdrawn. (Pub. L. 102–325, title XIII, § 1323, July 23, 1992, 106 Stat. 803.) § 3324. Critical area service agreements (a) Terms of agreements A critical area service agreement shall be an agreement between an Indian student who re- ceives or who shall receive federally funded higher education assistance and an Indian tribe or tribal organization providing such assistance in which the student agrees— (1) to undertake a course of study at an eli- gible institution (as that term is defined in section 1085(a) of title 20) in an area of critical need, as determined under section 3323 of this title, and to pursue that course of study to its completion; and (2)(A) to perform, for each academic year for which the student receives federally funded higher education assistance under a critical area service agreement, one calendar year of service to the tribe or organization in an occu- pation that is in a critical area designated by the tribe pursuant to section 3323(b) 1 of this title, commencing not later than 6 months after the student ceases to carry at an institu- tion of higher education at least one-half the normal full-time academic workload as deter- mined by the institution; or (B) to repay such assistance to the Sec- retary, together with interest thereon at a rate prescribed by the Secretary by regula- tion, in monthly or quarterly installments over not more than 5 years. (b) Service limitations and conditions The tribe or tribal organization shall agree that a student performing services under a crit- ical area service agreement— (1) shall be provided compensation, benefits, and working conditions at the same level and