(1) For the purpose of this section—
(A) the term “Act of April 16, 1934” means the Act entitled “An Act authorizing the Secretary of the Interior to arrange with States or territories for the education, medical attention, relief of distress, and social welfare of Indians, and for other purposes”, enacted April 16, 1934 (48 Stat. 596; 25 U.S.C. 452–457); and
(B) the term “Hawaiian native” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
(2) From the funds reserved pursuant to section 2311(a)(1)(B) of this title, the Secretary shall enter into contracts for Indian and Hawaiian native programs in accordance with the provisions of this section.
(1)(A) From the funds reserved pursuant to section 2311(a)(1)(B)(i) of this title, the Secretary is directed—
(i) upon the request of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] or under the Act of April 16, 1934 [25 U.S.C. 452–457]; or
(ii) upon an application received from a Bureau funded school (as such term is defined in section 2019(3) 1 of title 25) offering secondary programs filed at such time and under such conditions as the Secretary may prescribe,
to make grants to or enter into contracts with any tribal organization of any such Indian tribe or to make a grant to such Bureau funded school, as appropriate, to plan, conduct, and administer programs or portions of programs authorized by and consistent with the purposes of this chapter, except that—
(I) such grants or contracts with any tribal organization shall be subject to the terms and conditions of section 102 of the Indian Self-Determination Act [25 U.S.C. 450f] and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934 [25 U.S.C. 455, 456, and 457], which are relevant to the programs administered under this sentence; and
(II) such grants to Bureau funded schools shall not be subject to the requirements of the Indian Self-Determination Act or the Act of April 16, 1934.
(B)(i) Any tribal organization or school eligible to receive assistance under this paragraph may apply individually or as part of a consortium with another such tribal organization or school.
(ii) In the case of a Bureau funded school, the minimum amount of a grant made under this section shall be $35,000.
(C) The Secretary may not place upon grants made or contracts entered into under this paragraph any restrictions relating to programs or outcomes other than restrictions which apply to grants made to or contracts entered into with States under section 2311 of this title. The Secretary, in making grants under this paragraph, shall give special consideration to—
(i) grants which involve, coordinate with, or encourage tribal economic development plans; and
(ii) applications from tribally controlled community colleges which—
(I) are accredited or are candidates for accreditation by a nationally recognized accreditation organization as an institution of postsecondary vocational education; or
(II) operate vocational education programs that are accredited or are candidates for accreditation by a nationally recognized accreditation organization and issue certificates for completion of vocational education programs.
(D)(i) Funds received pursuant to grants and contracts described in subparagraph (A) may be used to provide stipends to students who are enrolled in vocational education programs and who have acute economic needs which cannot be met through work-study programs.
(ii) Stipends described in clause (i) shall not exceed reasonable amounts as prescribed by the Secretary.
(2) The Bureau of Indian Affairs shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of Indian Affairs shall expend no less than the amount expended during the prior fiscal year on vocational education programs, services, and activities administered either directly by, or under contract with, the Bureau of Indian Affairs. The Secretary and the Assistant Secretary of the Interior for Indian Affairs shall jointly prepare a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of these funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Affairs.
(3) Programs funded under this subsection shall be in addition to such other programs, services, and activities as are made available to eligible Indians under other provisions of this chapter.
(4) For the purposes of this chapter, the Bureau of Indian Affairs shall be deemed to be a State board; and all the provisions of this chapter shall be applicable to the Bureau as if it were a State board.
From the funds reserved pursuant to section 2311(a)(1)(B)(ii) of this title, the Secretary is directed, to enter into contracts with organizations primarily serving and representing Hawaiian natives which are recognized by the Governor of the State of Hawaii to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the benefit of Hawaiian natives.
(Pub. L. 88–210, title I, §103, as added Pub. L. 98–524, §1, Oct. 19, 1984, 98 Stat. 2440; amended Pub. L. 101–392, title I, §103, Sept. 25, 1990, 104 Stat. 762; Pub. L. 102–103, title III, §311(b), Aug. 17, 1991, 105 Stat. 505.)
Act of April 16, 1934, referred to in subsecs. (a)(1) and (b)(1)(A), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O'Malley Act, which is classified generally to section 452 et seq. of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 452 of Title 25 and Tables.
The Indian Self-Determination Act, referred to in subsec. (b)(1)(A), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to part A (§450f et seq.) of subchapter II of chapter 14 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.
Section 2019(3) of title 25, referred to in subsec. (b)(1)(A)(ii), was in the original a reference to section 1139(3) of the Education Amendments of 1978, Pub. L. 95–561. Section 1139 of Pub. L. 95–561 was omitted in the general amendment of chapter 22 (§2001 et seq.) of Title 25 by Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3979. Pub. L. 103–382 enacted a new section 1139 of Pub. L. 95–561, relating to regulations, which is classified to section 2019 of Title 25. Provisions defining “Bureau funded schools” are now contained in section 2026 of Title 25.
1991—Subsec. (b)(1)(D). Pub. L. 102–103 added subpar. (D).
1990—Subsec. (b)(1). Pub. L. 101–392 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “From the funds reserved pursuant to section 2311(a)(1)(B)(i) of this title, the Secretary is directed, upon the request of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or under the Act of April 16, 1934, to enter into grants or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the purposes of this chapter, except that such grants or contracts shall be subject to the terms and conditions of section 102 of the Indian Self-Determination Act and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under this sentence. From any remaining funds reserved pursuant to section 2311(a)(1)(B) of this title and available for this subsection, the Secretary is authorized to enter into an agreement with the Assistant Secretary of the Interior for Indian Affairs for the operation of vocational education programs authorized by this chapter in institutions serving Indians eligible to receive educational benefits as Indians from the Bureau of Indian Affairs, and the Secretary of the Interior is authorized to receive the funds for the purposes described in this paragraph.”
Amendment by Pub. L. 101–392 effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as a note under section 2301 of this title.
This section is referred to in sections 2302, 2311 of this title.