25 U.S.C. § 3307 — Administrative provisions
submitted 34 years ago by Pub. L. 102-325 to r/title-25-INDIANS · 388 words · no verdicts yet
Grant applications and reports under this subchapter are handled under the Director of the Office of Indian Education Programs. Several specified provisions of the Indian Self-Determination and Education Assistance Act apply, and the section sets rules for regulations, retrocession, and key definitions.
(a) Omitted.
(b) Role of Director. Personnel directed and controlled by the Director of the Office of Indian Education Programs must review and approve grant applications and all changes to them. Required reports must be submitted to education personnel directed and controlled by that Director.
(c) Application of Indian Self-Determination and Education Assistance Act. Sections 5, 6, 7, 105, 109, and 110 of that Act apply to grants under this subchapter, except provisions about indirect costs and contract length.
(d) Regulations. The Secretary may issue regulations about duties this subchapter specifically assigns to the Secretary. For all other details of planning, developing, carrying out, and evaluating grants, the Secretary may not issue regulations. Regulations issued under this subchapter do not have the standing of a Federal statute for judicial review.
(e) Retrocession. When an Indian tribe asks to return a program receiving assistance under this subchapter, the return takes effect on a date the Secretary specifies no later than 120 days after the request, unless the Secretary and tribe agree to a later date. After a program is returned, the Secretary must provide each Indian tribe served by it at least the same quantity and quality of services that would have been provided at the pre-return funding level. The tribal governing body must state whether the program will be returned to a tribe- or tribal-entity-administered contract under the Indian Self-Determination Act or to a Bureau-administered program.
(f) Definitions. (1) “Secretary” means the Secretary of the Interior. (2) “Indian” and “Indian tribe” have the meanings given in sections 2 4(d) and (e), respectively, of the Indian Self-Determination and Education Assistance Act.
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.
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.),1 except those provisions pertaining to indirect costs and length of contract, shall apply to grants provided under this subchapter.
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.
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. 5321 et seq.] or to a Bureau administered program.
For the purposes of this subchapter:
The term “Secretary” means the Secretary of the Interior.
The terms “Indian” and “Indian tribe” have the same meaning given those terms in sections 2 4(d) and (e), respectively, of the Indian Self Determination and Education Assistance Act [25 U.S.C. 5304(d), (e)].
Source credit: (Pub. L. 102–325, title XIII, § 1317, July 23, 1992, 106 Stat. 802.)
- 1992Enacted · Pub. L. 102-325 · 106 Stat. 802
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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