§ 3306. — Limitations on use of 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: 25USC3306]
TITLE 25--INDIANS
CHAPTER 35--INDIAN HIGHER EDUCATION PROGRAMS
SUBCHAPTER I--HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION
Sec. 3306. Limitations on use of funds
(a) Use for religious purposes
None of the funds made available under this subchapter may be used
for study at any school or department of divinity or for any religious
worship or sectarian activity.
(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 subsection, the Secretary
shall make payments to grantees under this subchapter in two
payments--
(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 contractor
that has elected to have the provisions of this subchapter
apply, and
(B) the second payment consisting of the remainder to which
the grantee or contractor 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
computed 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 accrues on any funds provided under this
subchapter 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 subchapter 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 derived,
funds received under this subchapter shall not be taken into
consideration.
(Pub. L. 102-325, title XIII, Sec. 1316, July 23, 1992, 106 Stat. 801.)
