§ 3305. — Allocation of grant funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3305]
TITLE 25--INDIANS
CHAPTER 35--INDIAN HIGHER EDUCATION PROGRAMS
SUBCHAPTER I--HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION
Sec. 3305. Allocation of grant funds
(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.
450 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. 450 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) of this section.
(Pub. L. 102-325, title XIII, Sec. 1315, July 23, 1992, 106 Stat. 800.)
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, 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.
