§ 3307. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3307]
TITLE 25--INDIANS
CHAPTER 35--INDIAN HIGHER EDUCATION PROGRAMS
SUBCHAPTER I--HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION
Sec. 3307. Administrative provisions
(a) Omitted
(b) Role of Director
Applications for grants under this subchapter, and all application
modifications, shall be reviewed and approved by personnel under the
direction 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 Education Assistance Act (25 U.S.C. 450c et seq.)
[25 U.S.C. 450c, 450d, 450e, 450j, 450m, 450m-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 regulations relating to the
discharge of duties specifically assigned to the Secretary by this
subchapter. In all other matters relating to the details of planning,
development, implementing, and evaluating grants under this subchapter,
the Secretary shall not issue regulations. Regulations 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 retrocession of any program for
which assistance is provided 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
retrocession, 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 retrocession shall specify whether the retrocession shall
be to a contract administered by the tribe, or a tribal entity, under
the authority of the Indian Self-Determination Act [25 U.S.C. 450f et
seq.] or to a Bureau administered program.
(f) Definitions
For the purposes of this subchapter:
(1) The term ``Secretary'' means the Secretary of the Interior.
(2) The terms ``Indian'' and ``Indian tribe'' have the same
meaning given those terms in sections \1\ 4(d) and (e),
respectively, of the Indian Self Determination and Education
Assistance Act [25 U.S.C. 450b(d), (e)].
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\1\ So in original. Probably should be ``section''.
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(Pub. L. 102-325, title XIII, Sec. 1317, July 23, 1992, 106 Stat. 802.)
References in Text
The Indian Self-Determination Act, referred to in subsec. (e), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II 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.
Codification
Subsec. (a) of this section, which required the Secretary to submit
a biennial report to Congress on programs 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.
