US (United States) Code. Title 25. Chapter 35: Indian higher education programs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

-HEAD-

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

-MISC1-

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

Sec.

3301. Short title.

3302. Findings.

3303. Program authority.

(a) In general.

(b) Limitation on Secretary's authority.

(c) Effect on Federal responsibilities.

(d) No termination for administrative convenience.

3304. Qualification for grants to tribes.

(a) Contracting tribes.

(b) Noncontracting tribes.

(c) Termination of grants.

3305. Allocation of grant funds.

(a) Allocation of funds.

(b) Use of funds.

3306. Limitations on use of funds.

(a) Use for religious purposes.

(b) Interest on funds.

(c) Payments.

(d) Investment of funds.

(e) Recoveries.

3307. Administrative provisions.

(a) Omitted.

(b) Role of Director.

(c) Application of Indian Self-Determination and

Education Assistance Act.

(d) Regulations.

(e) Retrocession.

(f) Definitions.

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

3321. Short title.

3322. Definitions.

3323. Service conditions permitted.

(a) In general.

(b) Critical area designation.

3324. Critical area service agreements.

(a) Terms of agreements.

(b) Service limitations and conditions.

(c) Waiver and suspension of service agreement.

(d) Pro rata reduction for partial services.

(e) Certification of service.

3325. General provisions.

(a) Application of existing procedures.

(b) Additional, excess, and incremental costs.

SUBCHAPTER III - TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING

LOAN PROGRAM

3331 to 3338. Repealed.

SUBCHAPTER IV - AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT

SCHOLARSHIP

3351 to 3355. Repealed.

SUBCHAPTER V - AMERICAN INDIAN TEACHER TRAINING

3371. Repealed.

-End-

-CITE-

25 USC SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT

AUTHORIZATION 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3322 of this title.

-End-

-CITE-

25 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3301. Short title

-STATUTE-

This subchapter may be cited as the "Higher Education Tribal

Grant Authorization Act".

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1311, July 23, 1992, 106 Stat.

798.)

-End-

-CITE-

25 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3302. Findings

-STATUTE-

The Congress finds that -

(1) there are increasing numbers of Indian students qualifying

for postsecondary education, and there are increasing numbers

desiring to go to postsecondary institutions;

(2) the needs of these students far outpace the resources

available currently;

(3) Indian tribes have shown an increasing interest in

administering programs serving these individuals and making

decisions on these programs reflecting their determinations of

the tribal and human needs;

(4) the contracting process under the Indian Self-Determination

and Education Assistance Act [25 U.S.C. 450 et seq.] has provided

a mechanism for the majority of the tribes to assume control over

this program from the Bureau of Indian Affairs;

(5) however, inherent limitations in the contracting philosophy

and mechanism, coupled with cumbersome administrative procedures

developed by the Bureau of Indian Affairs have effectively

limited the efficiency and effectiveness of these programs;

(6) the provision of these services in the most effective and

efficient form possible is necessary for tribes, the country, and

the individuals to be served; and

(7) these services are part of the Federal Government's

continuing trust responsibility to provide education services to

American Indian and Alaska Natives.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1312, July 23, 1992, 106 Stat.

798.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in par. (4), 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.

-End-

-CITE-

25 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3303. Program authority

-STATUTE-

(a) In general

The Secretary shall, from the amounts appropriated for the

purpose of supporting higher education grants for Indian students

under the authority of section 13 of this title, make grants to

Indian tribes in accordance with the requirements of this

subchapter to permit those tribes to provide financial assistance

to individual Indian students for the cost of attendance at

institutions of higher education.

(b) Limitation on Secretary's authority

The Secretary shall not place any restrictions on the use of

funds provided to an Indian tribe under this subchapter that is not

expressly authorized by this subchapter.

(c) Effect on Federal responsibilities

The provisions of this subchapter shall not affect any trust

responsibilities of the Federal Government.

(d) No termination for administrative convenience

Grants provided under this subchapter may not be terminated,

modified, suspended, or reduced only for the convenience of the

administering agency.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1313, July 23, 1992, 106 Stat.

798.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3304 of this title.

-End-

-CITE-

25 USC Sec. 3304 01/06/03

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TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3304. Qualification for grants to tribes

-STATUTE-

(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.].

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1314, July 23, 1992, 106 Stat.

799.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3305 of this title.

-End-

-CITE-

25 USC Sec. 3305 01/06/03

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TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3305. Allocation of grant funds

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1315, July 23, 1992, 106 Stat.

800.)

-REFTEXT-

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.

-End-

-CITE-

25 USC Sec. 3306 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3306. Limitations on use of funds

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1316, July 23, 1992, 106 Stat.

801.)

-End-

-CITE-

25 USC Sec. 3307 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER I - HIGHER EDUCATION TRIBAL GRANT AUTHORIZATION

-HEAD-

Sec. 3307. Administrative provisions

-STATUTE-

(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)].

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1317, July 23, 1992, 106 Stat.

802.)

-REFTEXT-

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.

-COD-

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.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

25 USC SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-HEAD-

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-End-

-CITE-

25 USC Sec. 3321 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-HEAD-

Sec. 3321. Short title

-STATUTE-

This subchapter may be cited as the "Critical Needs for Tribal

Development Act".

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1321, July 23, 1992, 106 Stat.

803.)

-End-

-CITE-

25 USC Sec. 3322 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-HEAD-

Sec. 3322. Definitions

-STATUTE-

As used in this subchapter:

(1) The term "federally funded higher education 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 appropriated 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 federally funded higher education assistance under a

contract pursuant to the Indian Self-Determination and Education

Assistance Act [25 U.S.C. 450 et seq.] or under a grant pursuant

to subchapter I of this chapter.

(3) The term "Indian" has the meaning given such term in

section 4(d) of the Indian Self Determination and Education

Assistance Act [25 U.S.C. 450b(d)].

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1322, July 23, 1992, 106 Stat.

803.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in par. (2), 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.

-End-

-CITE-

25 USC Sec. 3323 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-HEAD-

Sec. 3323. Service conditions permitted

-STATUTE-

(a) In general

An eligible Indian tribe or tribal organization may, in

accordance with the requirements of this subchapter, require any

applicant for federally funded higher education assistance, as a

condition of receipt of such assistance, to enter into a critical

area service agreement in accordance with section 3324 of this

title.

(b) Critical area designation

Any eligible Indian tribe or tribal organization that intends to

require critical area service agreements shall, by a formal action

of the tribal council or its delegate, designate particular

occupational areas as critical areas for the economic 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 designations shall be

applicable to federally funded higher education assistance for any

fiscal year following the fiscal year in which the designation is

made until such designation is withdrawn by the tribe or

organization by formal action. The tribe or organization shall

notify the Secretary of the Interior in writing of any designations

that are withdrawn.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1323, July 23, 1992, 106 Stat.

803.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3324 of this title.

-End-

-CITE-

25 USC Sec. 3324 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-HEAD-

Sec. 3324. Critical area service agreements

-STATUTE-

(a) Terms of agreements

A critical area service agreement shall be an agreement between

an Indian student who receives 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 eligible 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 occupation 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 institution of higher education at least

one-half the normal full-time academic workload as determined by

the institution; or

(B) to repay such assistance to the Secretary, together with

interest thereon at a rate prescribed by the Secretary by

regulation, 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 critical area service agreement -

(1) shall be provided compensation, benefits, and working

conditions at the same level and to the same extent as any other

employee working a similar length of time and doing the same type

of work;

(2) may be treated as providing services to the tribe or

organization if the student provides services for members of the

tribe or organization that are approved by the tribe or

organization and agreed to by the student even though such

services are performed while the student is employed by a

Federal, State, or local agency or instrumentality or by a

nonprofit or for-profit private institution or organization; and

(3) may obtain the benefits of a waiver or suspension in

accordance with the requirements of subsection (c) of this

section.

(c) Waiver and suspension of service agreement

(1) Waiver

An Indian tribe or tribal organization may, by formal action,

waive the service agreement of an Indian student for just cause,

as determined in accordance with regulations prescribed by the

Secretary. The tribe or organization shall notify the Secretary

in writing of any waiver granted under this subsection.

(2) Suspension

The obligation of a student to perform services under a

critical area service agreement -

(A) shall be suspended for not more than 18 months if, at the

request of the student, the tribe or organization determines

that there are no employment opportunities available in any

critical service area; and

(B) shall be suspended if the student ceases to attend an

institution of higher education as a consequence of an

institutional determination of unsatisfactory performance.

If, at the end of a period of suspension under subparagraph (A),

there are still no employment opportunities available in any

critical service area, the student's obligations under the

agreement shall terminate. A suspension under subparagraph (B)

shall be reviewed by the tribe or organization annually, but may

be continued indefinitely.

(d) Pro rata reduction for partial services

The Secretary shall, by regulation, provide for the pro rata

reduction of repayment obligations under subsection (a)(2) of this

section in the case of any student who partially completes the

service obligation of that student under subsection (a)(2)(A) of

this section.

(e) Certification of service

An Indian tribe or tribal organization receiving services under a

critical area service agreement -

(1) shall establish procedures for monitoring and evaluating

the provisions of this subchapter, and provide a copy of such

procedures to the Secretary and to each individual providing

services under a critical area service agreement;

(2) shall annually certify to the Secretary the identities of

the individuals performing service under such agreements; and

(3) shall annually certify to the Secretary the amount of

service performed, and the amount remaining to be performed, by

each such individual under such agreements.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1324, July 23, 1992, 106 Stat.

803.)

-REFTEXT-

REFERENCES IN TEXT

Section 3323(b) of this title, referred to in subsec. (a)(2)(A),

was in the original a reference to "section 1322(b)", meaning

section 1322(b) of Pub. L. 102-325, which has been translated as

reading section 1323(b) of Pub. L. 102-325 to reflect the probable

intent of Congress because section 1322 does not have a subsec. (b)

and section 1323(b) relates to designation of critical areas by

tribes.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3323 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 3325 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER II - CRITICAL NEEDS FOR TRIBAL DEVELOPMENT

-HEAD-

Sec. 3325. General provisions

-STATUTE-

(a) Application of existing procedures

Except as provided in subsection (b) of this section, the

requirements relating to student eligibility, needs analysis, and

determination of eligibility for the program to be attended

regularly incorporated by reference into contracts under the Indian

Self-Determination and Education Assistance Act [25 U.S.C. 450 et

seq.] for tribal operation of higher education grant programs prior

to January 1, 1991, shall apply.

(b) Additional, excess, and incremental costs

The tribe or tribal organization may establish in writing,

subject to the review of the Secretary, procedures for determining

additional, excess, or inducement costs to be associated with

grants for critical area service agreements.

-SOURCE-

(Pub. L. 102-325, title XIII, Sec. 1325, July 23, 1992, 106 Stat.

805.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a), 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.

-End-

-CITE-

25 USC SUBCHAPTER III - TRIBAL DEVELOPMENT STUDENT

ASSISTANCE REVOLVING LOAN

PROGRAM 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER III - TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING

LOAN PROGRAM

-HEAD-

SUBCHAPTER III - TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING

LOAN PROGRAM

-End-

-CITE-

25 USC Secs. 3331 to 3338 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER III - TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING

LOAN PROGRAM

-HEAD-

Secs. 3331 to 3338. Repealed. Pub. L. 105-332, Sec. 6(b)(1), Oct.

31, 1998, 112 Stat. 3128

-MISC1-

Section 3331, Pub. L. 102-325, title XIII, Sec. 1341, July 23,

1992, 106 Stat. 809, provided that subchapter could be cited as the

"Tribal Development Student Assistance Act".

Section 3332, Pub. L. 102-325, title XIII, Sec. 1342, July 23,

1992, 106 Stat. 809, declared congressional findings and purposes.

Section 3333, Pub. L. 102-325, title XIII, Sec. 1343, July 23,

1992, 106 Stat. 809, related to revolving fund.

Section 3334, Pub. L. 102-325, title XIII, Sec. 1344, July 23,

1992, 106 Stat. 810, related to eligible recipients.

Section 3335, Pub. L. 102-325, title XIII, Sec. 1345, July 23,

1992, 106 Stat. 810, related to terms of loans.

Section 3336, Pub. L. 102-325, title XIII, Sec. 1346, July 23,

1992, 106 Stat. 811, related to service fulfillment and conditions,

repayments, and waivers.

Section, 3337, Pub. L. 102-325, title XIII, Sec. 1347, July 23,

1992, 106 Stat. 812, related to administration.

Section 3338, Pub. L. 102-325, title XIII, Sec. 1348, July 23,

1992, 106 Stat. 812, authorized appropriations.

-End-

-CITE-

25 USC SUBCHAPTER IV - AMERICAN INDIAN POST-SECONDARY

ECONOMIC DEVELOPMENT

SCHOLARSHIP 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER IV - AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT

SCHOLARSHIP

-HEAD-

SUBCHAPTER IV - AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT

SCHOLARSHIP

-End-

-CITE-

25 USC Secs. 3351 to 3355 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER IV - AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT

SCHOLARSHIP

-HEAD-

Secs. 3351 to 3355. Repealed. Pub. L. 105-332, Sec. 6(b)(1), Oct.

31, 1998, 112 Stat. 3128

-MISC1-

Section 3351, Pub. L. 102-325, title XIII, Sec. 1361, July 23,

1992, 106 Stat. 813, related to American Indian Post-Secondary

Economic Development Scholarship.

Section 3352, Pub. L. 102-325, title XIII, Sec. 1362, July 23,

1992, 106 Stat. 813, related to Indian scholarships.

Section 3353, Pub. L. 102-325, title XIII, Sec. 1363, July 23,

1992, 106 Stat. 813, related to scholarship conditions.

Section 3354, Pub. L. 102-325, title XIII, Sec. 1364, July 23,

1992, 106 Stat. 815, required annual reports by Indian tribes

receiving grants.

Section 3355, Pub. L. 102-325, title XIII, Sec. 1365, July 23,

1992, 106 Stat. 815, authorized appropriations.

-End-

-CITE-

25 USC SUBCHAPTER V - AMERICAN INDIAN TEACHER TRAINING 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER V - AMERICAN INDIAN TEACHER TRAINING

-HEAD-

SUBCHAPTER V - AMERICAN INDIAN TEACHER TRAINING

-End-

-CITE-

25 USC Sec. 3371 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 35 - INDIAN HIGHER EDUCATION PROGRAMS

SUBCHAPTER V - AMERICAN INDIAN TEACHER TRAINING

-HEAD-

Sec. 3371. Repealed. Pub. L. 105-332, Sec. 6(b)(1), Oct. 31, 1998,

112 Stat. 3128

-MISC1-

Section, Pub. L. 102-325, title XIII, Sec. 1371, July 23, 1992,

106 Stat. 815; Pub. L. 105-244, title I, Sec. 102(a)(8)(D), Oct. 7,

1998, 112 Stat. 1619, related to American Indian teacher training.

-End-