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(2) costs of administering the program under this part, except that no more may be spent on administration of such program than is generated by the method for administrative cost computation specified in section 1315(a)(2).
SEC. 1316. [25 U.S.C. 3306] LIMITATIONS ON USE OF FUNDS.
(a) USE FOR RELIGIOUS PURPOSES.-None of the funds made available under this part 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 part shall be used for any purpose other than those for which such funds may be used.
(1) IN GENERAL.-Except as otherwise provided in this subsection, the Secretary shall make payments to grantees under this part 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 part 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
(2) NEW GRANTEES.-For any tribe for which no payment was made under this part 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 part 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 part 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 part 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 part shall not be taken into consideration.
SEC. 1317. [25 U.S.C. 3307] ADMINISTRATIVE PROVISIONS.
(a) BIENNIAL REPORT.-The Secretary shall submit a biennial report to the Congress on the programs established under this part. Such report shall include
(1) a description of significant administrative actions taken by the Secretary under this part;
(2) the number of grants made under the authority of this part;
(3) the number of applications denied for such grants and the reasons therefor;
(4) the remedial actions taken to enable applicants to be approved;
(5) the number of students served, by tribe;
(6) statistics on the academic pursuits of the students provided assistance under this part and the average amount of assistance provided; and
(7) such additional information as the Secretary considers significant.
(b) ROLE OF THE DIRECTOR.-Applications for grants under this part, 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.), except those provisions pertaining to indirect costs and length of contract, shall apply to grants provided under this part.
(d) REGULATIONS.-The Secretary is authorized to issue regulations relating to the discharge of duties specifically assigned to the Secretary by this part. In all other matters relating to the details of planning, development, implementing, and evaluating_grants under this part, the Secretary shall not issue regulations. Regulations issued pursuant to this part 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 part, 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 part 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 or to a Bureau administered program.
(f) DEFINITIONS.-For the purposes of this part:
(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 sections1 4(d) and (e), respectively, of the Indian Self Determination and Education Assistance Act (P.L. 93-638, 20 U.S.C. 450b).
PART C-CRITICAL NEEDS FOR TRIBAL
SEC. 1321. [25 U.S.C. 3321] SHORT TITLE.
This part may be cited as the "Critical Needs for Tribal Development Act".
SEC. 1322. [25 U.S.C. 3322] DEFINITIONS.
As used in this part:
(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 the Act of November 2, 1921, popularly known as the Snyder Act (25 U.S.C. 13).
(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 or under a grant pursuant to the Higher Education Tribal Grant Authorization Act.
(3) The term "Indian" has the meaning given such term in section 4(d) of the Indian Self Determination and Education Assistance Act (Public Law 93-638, 20 U.S.C. 450b).
SEC. 1323. [25 U.S.C. 3323] SERVICE CONDITIONS PERMITTED.
(a) IN GENERAL.-An eligible Indian tribe or tribal organization may, in accordance with the requirements of this part, 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 1324.
(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.
1 So in original. Probably should be "section".
SEC. 1324. [25 U.S.C. 3324] CRITICAL AREA SERVICE AGREEMENTS.
(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 435(a) of the Higher Education Act of 1965) in an area of critical need, as determined under section 1323, 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 1322(b), 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). (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) in the case of any student who partially completes the service obligation of that student under subsection (a)(2)(A).
(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 part, 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.
SEC. 1325. [25 U.S.C. 3325] GENERAL PROVISIONS.
(a) APPLICATION OF EXISTING PROCEDURES.-Except as provided in subsection (b), 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 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.
PART D-INSTITUTE OF AMERICAN INDIAN NATIVE CULTURE AND ARTS DEVELOPMENT
SEC. 1331. INSTITUTE OF AMERICAN INDIAN NATIVE CULTURE AND ARTS DEVELOPMENT.
(a) BOARD OF DIRECTORS.-Section 1505 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4412) is amended
[Text as amended printed earlier in this volume.]