25 U.S.C. § 3306 — Limitations on use of funds
submitted 34 years ago by Pub. L. 102-325 to r/title-25-INDIANS · 408 words · no verdicts yet
This subchapter’s funds cannot support religious activity, and related interest must be used only for allowed purposes. The section sets payment timing, investment limits, and rules for counting or not counting these funds in other Federal assistance calculations.
(a) Use for religious purposes. Funds made available under this subchapter may not be used for study at a school or department of divinity, religious worship, or sectarian activity.
(b) Interest on funds. Interest or other income earned on these funds may be used only for purposes for which the funds themselves may be used.
(c) Payments. (1) Unless this subsection provides otherwise, the Secretary* must pay a grantee in two installments. The first must be paid by October 1 of each fiscal year and must equal one-half of the amount paid in the preceding fiscal year to the grantee or to a contractor that elected to have this subchapter apply. The second payment is the rest of the amount the grantee or contractor is entitled to for that fiscal year, and must be paid by January 1.
(2) New grantees. If a tribe received no payment under this subchapter in the preceding fiscal year, the full amount calculated for the fiscal year must be paid by January 1.
(d) Investment of funds. (1) Interest or investment income earned after funds are paid to an Indian tribe* or tribal organization and before they are spent for the required purpose belongs to the tribe or organization. Federal officers and employees may not count that income when deciding whether, or how much, Federal assistance to provide under another Federal law.
(2) A tribe or tribal organization may invest the funds only in United States obligations or in obligations or securities guaranteed or insured by the United States. It may deposit the funds only in accounts insured by a United States agency or instrumentality.
(e) Recoveries. When a Federal agency determines under-recovery or over-recovery for other funds, it may not count funds received under this subchapter, regardless of their source.
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.
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.
Except as otherwise provided in this subsection, the Secretary* shall make payments to grantees under this subchapter in two payments—
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
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.
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.
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.
Funds provided under this subchapter may be—
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
deposited only into accounts that are insured by an agency or instrumentality of the United States.
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 credit: (Pub. L. 102–325, title XIII, § 1316, July 23, 1992, 106 Stat. 801.)
- 1992Enacted · Pub. L. 102-325 · 106 Stat. 801
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-325 on 1992-07-23.
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