20 U.S.C. § 2326 — Native American programs

(a) Definitions. In this section, “Alaska Native” means a Native as defined in section 1602 of title 43; “Bureau-funded school” has the meaning in section 2021 of title 25; “Native Hawaiian” means an individual whose ancestors were natives, before 1778, of the area now comprising Hawaii; and “Native Hawaiian organization” has the meaning in section 7517 of this title. This section does not define the quoted cross-referenced terms itself.

(b) Program authorized. (1) From funds reserved under section 2321(a)(1)(B)(i), the Secretary must make grants to or contracts with Indian^* Tribes, Tribal organizations, and Alaska Native entities for the authorized programs in subsection (c). These grants and contracts may not be awarded to secondary-school programs in Bureau-funded schools. (2) Grants or contracts awarded to an Indian Tribe^* or Tribal organization are subject to section 5321 of title 25 and must follow the relevant provisions of sections 5345, 5346, and 5347 of title 25. (3) An Indian Tribe, Tribal organization, or Alaska Native entity receiving funds under paragraph (1) may use them to assist a secondary school operated or supported by the Bureau of Indian Education in carrying out career and technical education^* programs. (4) If sufficient funding is available, the Bureau of Indian Education must spend an amount equal to the amount made available under this subsection for programs for Indians, to pay part of the costs of programs funded under this subsection. Each fiscal year, it must spend at least as much as it spent in the prior fiscal year on career and technical education programs, services, and technical activities administered directly by, or under contract with, the Bureau. That money may not come from accounts or programs supporting other Indian education programs. The Secretary and the Director^* of the Bureau of Indian Education must jointly prepare a plan for spending the available funds and evaluating assisted programs. When that plan is complete, the Secretary assumes responsibility for administering the program, with the Bureau's assistance and consultation. (5) If the Secretary issues regulations applicable to paragraph (2), the Secretary must (A) confer with, and allow active participation by, representatives of Indian Tribes, Tribal organizations, and individual Tribal members; and (B) issue the regulations under subchapter III of chapter 5 of title 5, known as the Negotiated Rulemaking Act of 1990. (6) An eligible Indian Tribe, Tribal organization, or Bureau-funded school may apply alone or as part of a consortium with another such Tribe, organization, or school.

(c) Authorized activities. (1) Funds under this section must be used for career and technical education programs consistent with this chapter's purpose. (2) Despite section 2302(5)(A)(iii), the funds may provide preparatory, refresher, and remedial education designed to help students succeed in career and technical education programs or programs of study. (3) (A) Grant or contract funds may provide stipends to students enrolled in career and technical education programs who have acute economic needs that work-study programs cannot meet. (B) The Secretary must prescribe reasonable maximum amounts for those stipends.

(d) Grant or contract application. To receive a grant or contract, an organization, Tribe, or entity described in subsection (b) must submit an application to the Secretary assuring that it will comply with this section.

(e) Restrictions and special considerations. The Secretary may not place on grants or contracts under subsection (b) restrictions relating to programs other than restrictions that apply to grants or contracts with States under allotments under section 2321(a). The Secretary must ensure that grants and contracts improve career and technical education programs and must give special consideration to (1) programs involving, coordinating with, or encouraging Tribal economic development plans; and (2) applications from tribally controlled colleges or universities that (A) are accredited, or candidates for accreditation, by a nationally recognized accreditation organization as postsecondary career and technical education institutions; or (B) operate career and technical education programs that are accredited, or candidates for accreditation, by a nationally recognized accreditation organization and issue certificates for completing those programs.

(f) Consolidation of funds. A recipient may consolidate this assistance with assistance from related programs under the Indian Employment, Training and Related Services Demonstration Act of 1992.

(g) Nonduplicative and nonexclusive services. This section does not (1) limit the eligibility of an organization, Tribe, or entity described in subsection (b) to participate in an activity offered by an eligible agency^* or eligible recipient^* under this subchapter; or (2) prevent or discourage an agreement between such an organization, Tribe, or entity and an eligible agency or eligible recipient to help that agency or recipient provide services to the population it serves.

(h) Native Hawaiian programs. From funds reserved under section 2321(a)(1)(B)(ii), the Secretary must award grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians to plan, conduct, and administer programs, or parts of programs, authorized by and consistent with this section for Native Hawaiians.