§ 3304. — Qualification for grants to tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3304]
TITLE 25--INDIANS
CHAPTER 35--INDIAN HIGHER EDUCATION PROGRAMS
SUBCHAPTER I--HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION
Sec. 3304. Qualification for grants to tribes
(a) Contracting tribes
Any Indian tribe that obtains funds for educational purposes similar
to those authorized in this subchapter pursuant to contract under the
Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et
seq.] may qualify for a grant under this subchapter by submitting to the
Secretary a notice of intent to administer a student assistance program
under section 3303 of this title. Such notice shall be effective for the
fiscal year following the fiscal year in which it is submitted, except
that if such notice is submitted during the last 90 days of a fiscal
year such notice shall be effective the second fiscal year following the
fiscal year in which it is submitted, unless the Secretary waives this
limitation.
(b) Noncontracting tribes
Any Indian tribe that is not eligible to qualify for a grant under
this subchapter by filing a notice under subsection (a) of this section
may qualify for such a grant by filing an application for such a grant.
Such application shall be submitted under guidelines for programs under
the Indian Self-Determination and Education Assistance Act [25 U.S.C.
450 et seq.], as in effect on January 1, 1991, and shall be reviewed
under the standards, practices, and procedures applicable to
applications to contract under such Act as in effect on the date the
application is received, except that--
(1) if the tribe is not notified that its application has been
disapproved within 180 days after it is filed with the Secretary,
the application shall be deemed to be approved;
(2) if the application is disapproved, the Secretary shall
provide technical assistance to the tribe for purposes of correcting
deficiencies in the application;
(3) the Secretary shall designate an office or official to
receive such applications, and shall toll the 180-day period
described in paragraph (1) from the date of receipt by such office
or official; and
(4) applications shall be approved for the fiscal year following
the fiscal year in which submitted, unless the Secretary waives the
limitation of this paragraph.
(c) Termination of grants
(1) Continuing eligibility presumed
An Indian tribe which has qualified under subsection (a) or (b)
of this section for a grant under this subchapter for any fiscal
year shall continue to be eligible for such a grant for each
succeeding fiscal year unless the Secretary revokes such eligibility
for a cause described in paragraph (2).
(2) Causes for loss of eligibility
The Secretary may revoke the eligibility of an Indian tribe for
a grant under this subchapter if such tribe--
(A) fails to submit to the Bureau an annual financial
statement that reports revenues and expenditures determined by
use of an accounting system, established by the tribe, that
complies with generally accepted accounting principles;
(B) fails to submit to the Bureau an annual program
description, stating the number of students served, and
containing such information concerning such students, their
educational programs and progress, and the financial assistance
distributed to such students as the Secretary may require by
regulation;
(C) fails to submit to the Secretary a biennial financial
audit conducted in accordance with chapter 75 of title 31; or
(D) fails, in an evaluation of its financial assistance
program conducted by an impartial third party entity, to comply
with standards under this subchapter relating to (i) eligible
students, programs, or institutions of higher education, (ii)
satisfactory progress, or (iii) allowable administrative costs;
as determined under contracts applicable to programs to provide
financial assistance to individual Indian students for the cost
of attendance at institutions of higher education administered
by Indian tribes under the Indian Self-Determination and
Education Assistance Act [25 U.S.C. 450 et seq.] and in effect
on January 20, 1991.
(3) Procedures for revocation of eligibility
The Secretary shall not revoke the eligibility of an Indian
tribe for a grant under this subchapter except--
(A) after notice in writing to the tribe of the cause and
opportunity to the tribe to correct;
(B) providing technical assistance to the tribe in making
such corrections; and
(C) after hearing and appeals conducted under the same rules
and regulations that apply to similar termination actions under
the Indian Self-Determination and Education Assistance Act [25
U.S.C. 450 et seq.].
(Pub. L. 102-325, title XIII, Sec. 1314, July 23, 1992, 106 Stat. 799.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended,
which is classified principally to subchapter II (Sec. 450 et seq.) of
chapter 14 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 450 of this title and
Tables.
Section Referred to in Other Sections
This section is referred to in section 3305 of this title.
