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

(a)

Definitions

In this section:

(1)

Alaska Native

section 1602 of title 43The term “Alaska Native” means a Native as such term is defined in .

(2)

Bureau-funded school

section 2021 of title 25The term “Bureau-funded school” has the meaning given the term in .

(3)

Native Hawaiian

The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.

(4)

Native Hawaiian organization

section 7517 of this titleThe term “Native Hawaiian organization” has the meaning given the term in .

(b)

Program authorized

(1)

Authority

section 2321(a)(1)(B)(i) of this titleFrom funds reserved under , the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bureau-funded schools.

(2)

Indian Tribes and Tribal organizations

section 5321 of title 25The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of and shall be conducted in accordance with the provisions of sections 5345, 5346, and 5347 of title 25, which are relevant to the programs administered under this subsection.

(3)

Special authority relating to secondary schools operated or supported by the Bureau of Indian Education

An Indian Tribe, a Tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Education to enable such school to carry out career and technical education programs.

(4)

Matching

If sufficient funding is available, the Bureau of Indian Education 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 Education shall expend not less than the amount expended during the prior fiscal year on career and technical education programs, services, and technical activities administered directly by, or under contract with, the Bureau of Indian Education, except that in no year shall funding for such programs, services, and activities be provided from accounts and programs that support other Indian education programs. The Secretary and the Director of the Bureau of Indian Education shall prepare jointly 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 the 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 Education.

(5)

Regulations

If the Secretary promulgates any regulations applicable to paragraph (2), the Secretary shall—

(A)

confer with, and allow for active participation by, representatives of Indian Tribes, Tribal organizations, and individual Tribal members; and

(B)

promulgate the regulations under subchapter III of chapter 5 of title 5, commonly known as the “Negotiated Rulemaking Act of 1990”.

(6)

Application

Any Indian Tribe, Tribal organization, or Bureau-funded school eligible to receive assistance under this subsection may apply individually or as part of a consortium with another such Indian Tribe, Tribal organization, or Bureau-funded school.

(c)

Authorized activities

(1)

Authorized programs

Funds made available under this section shall be used to carry out career and technical education programs consistent with the purpose of this chapter.

(2)

Special rule

section 2302(5)(A)(iii) of this titleNotwithstanding , funds made available under this section may be used to provide preparatory, refresher, and remedial education services that are designed to enable students to achieve success in career and technical education programs or programs of study.

(3)

Stipends

(A)

In general

Funds received pursuant to grants or contracts awarded under subsection (b) may be used to provide stipends to students who are enrolled in career and technical education programs and who have acute economic needs which cannot be met through work-study programs.

(B)

Amount

Stipends described in subparagraph (A) shall not exceed reasonable amounts as prescribed by the Secretary.

(d)

Grant or contract application

In order to receive a grant or contract under this section, an organization, Tribe, or entity described in subsection (b) shall submit an application to the Secretary that shall include an assurance that such organization, Tribe, or entity shall comply with the requirements of this section.

(e)

Restrictions and special considerations

section 2321(a) of this titleThe Secretary may not place upon grants awarded or contracts entered into under subsection (b) any restrictions relating to programs other than restrictions that apply to grants made to or contracts entered into with States pursuant to allotments under . The Secretary, in awarding grants and entering into contracts under this section, shall ensure that the grants and contracts will improve career and technical education programs, and shall give special consideration to—

(1)

programs that involve, coordinate with, or encourage Tribal economic development plans; and

(2)

applications from tribally controlled colleges or universities that—

(A)

are accredited or are candidates for accreditation by a nationally recognized accreditation organization as an institution of postsecondary career and technical education; or

(B)

operate career and technical education programs that are accredited or are candidates for accreditation by a nationally recognized accreditation organization, and issue certificates for completion of career and technical education programs.

(f)

Consolidation of funds

25 U.S.C. 3401Each organization, Tribe, or entity receiving assistance under this section may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 ( et seq.).

(g)

Nonduplicative and nonexclusive services

Nothing in this section shall be construed—

(1)

to limit the eligibility of any organization, Tribe, or entity described in subsection (b) to participate in any activity offered by an eligible agency or eligible recipient under this subchapter; or

(2)

to preclude or discourage any agreement, between any organization, Tribe, or entity described in subsection (b) and any eligible agency or eligible recipient, to facilitate the provision of services by such eligible agency or eligible recipient to the population served by such eligible agency or eligible recipient.

(h)

Native Hawaiian programs

section 2321(a)(1)(B)(ii) of this titleFrom the funds reserved pursuant to , the Secretary shall award grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians 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 Native Hawaiians.

Pub. L. 88–210, title I, § 116 Pub. L. 109–270, § 1(b)Aug. 12, 2006120 Stat. 707 Pub. L. 114–95, title IX, § 9215(n)(5)Dec. 10, 2015129 Stat. 2169 Pub. L. 115–224, title I, § 115July 31, 2018132 Stat. 1598(, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Pub. L. 102–477Oct. 23, 1992106 Stat. 2302 Pub. L. 115–93, § 2Dec. 18, 2017131 Stat. 2026 section 3401 of Title 25The Indian Employment, Training and Related Services Demonstration Act of 1992, referred to in subsec. (f), is , , , which is classified generally to chapter 36 (§ 3401 et seq.) of Title 25, Indians. The Act was renamed the Indian Employment, Training and Related Services Act of 1992 by , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 88–210, title I, § 116 Pub. L. 105–332, § 1(b)Oct. 31, 1998112 Stat. 3094 Pub. L. 107–110, title VII, § 702(b)Jan. 8, 2002115 Stat. 1946 Pub. L. 109–270A prior section 2326, , as added , , ; amended , (c), , , 1947, related to Native American program, prior to the general amendment of this chapter by .

Pub. L. 88–210, title I, § 116 Pub. L. 101–392, title I, § 116Sept. 25, 1990104 Stat. 772 Pub. L. 105–332Another prior section 2326, , as added , , , related to State assessments of program quality, prior to the general amendment of this chapter by .

Amendments

Pub. L. 115–224, § 115(1)section 7517 of this title section 5304 of title 252018—Subsec. (a). , redesignated pars. (4) and (5) as (3) and (4), respectively, made technical amendments to capitalization of “Native” and “Hawaiian” in headings of pars. (1), (3), and (4) of original Act requiring no change in text and to reference in par. (4) of original Act which appears in text as reference to , and struck out former par. (3) which defined “Indian”, “Indian tribe”, and “tribal organization” as having the meanings given those terms in .

Pub. L. 115–224, § 115(2)(A)Subsec. (b)(1). , substituted “Indian Tribes, Tribal organizations,” for “Indian tribes, tribal organizations,”.

Pub. L. 115–224, § 115(2)(B)(iii)section 5321 of title 25Subsec. (b)(2). , (iv), made technical amendment to references in original Act which appear in text as references to and sections 5345, 5346, and 5347 of title 25.

Pub. L. 115–224, § 115(2)(B)(i)Indian tribes and tribal organizationsIndian tribes and tribal organizations, (ii), substituted “” for “” in heading of original Act which appears in heading as “Indian Tribes and Tribal organizations” and substituted “Indian Tribe or Tribal organization” for “Indian tribe or tribal organization” in text.

Pub. L. 115–224, § 115(2)(C)Subsec. (b)(3). , substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” in heading and text and substituted “An Indian Tribe, a Tribal organization,” for “An Indian tribe, a tribal organization,”.

Pub. L. 115–224, § 115(2)(D)Subsec. (b)(4). , substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” wherever appearing and “Director of the Bureau of Indian Education” for “Assistant Secretary of the Interior for Indian Affairs”.

Pub. L. 115–224, § 115(2)(E)Subsec. (b)(5)(A). , substituted “Indian Tribes, Tribal organizations, and individual Tribal members” for “Indian tribes, tribal organizations, and individual tribal members”.

Pub. L. 115–224, § 115(2)(F)Subsec. (b)(6). , substituted “Indian Tribe, Tribal organization,” for “Indian tribe, tribal organization,” in two places.

Pub. L. 115–224, § 115(3)Subsec. (c)(2), (3). , added par. (2) and redesignated former par. (2) as (3).

Pub. L. 115–224, § 115(4)Subsecs. (d) to (g). –(7), substituted “Tribe” for “tribe” and “Tribal” for “tribal” wherever appearing.

Pub. L. 114–95 section 7517 of this title2015—Subsec. (a)(5). made technical amendment to reference in original act which appears in text as reference to .

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–224July 1, 2019section 4 of Pub. L. 115–224 section 2301 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .