Title 25:
Indians
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PART 44�GRANTS UNDER THE TRIBALLY CONTROLLED SCHOOLS ACT
Section Contents
� 44.101 What
directives apply to a grantee under this part?
� 44.102 Does
this part affect existing tribal rights?
� 44.103 Who
is eligible for a grant?
� 44.104 How
can a grant be terminated?
� 44.105 How
does a tribal governing body retrocede a program to the
Secretary?
� 44.106 How
can the Secretary revoke an eligibility determination?
� 44.107 Under
what circumstances may the Secretary reassume a
program?
� 44.108 How
must the Secretary make grant payments?
� 44.109 What
happens if the grant recipient is overpaid?
� 44.110 What
Indian Self-Determination Act provisions apply to grants under the
Tribally Controlled Schools Act?
� 44.111 Does
the Federal Tort Claims Act apply to grantees?
� 44.112 Information
collection.
Authority: Public Law 107�110, Title
10, Part D, the Native American Education Improvement Act, 115 Stat. 2007;
Part B, Section 1138, Regional Meetings and Negotiated Rulemaking, 115
Stat. 2057.
Source: 70 FR 22219, Apr. 28, 2005,
unless otherwise noted.
� 44.101 What directives apply to a grantee
under this part?
top
In making a grant under this part the Secretary will use only:
(a) The Tribally Controlled Schools Act;
(b) The regulations in this part; and
(c) Guidelines, manuals, and policy directives agreed to by the
grantee.
� 44.102 Does this part affect existing tribal
rights?
top
This part does not:
(a) Affect in any way the sovereign immunity from suit enjoyed by
Indian tribes;
(b) Terminate or change the trust responsibility of the United States
to any Indian tribe or individual Indian;
(c) Require an Indian tribe to apply for a grant; or
(d) Impede awards by any other Federal agency to any Indian tribe or
tribal organization to administer any Indian program under any other
law.
� 44.103 Who is eligible for a grant?
top
The Secretary can make grants to Indian tribes and tribal organizations
that operate:
(a) A school under the provisions of 25 U.S.C. 450 et seq. ;
(b) A tribally controlled school (including a charter school,
community-generated school or other type of school) approved by tribal
governing body; or
(c) A Bureau-funded school approved by tribal governing body.
� 44.104 How can a grant be
terminated?
top
A grant can be terminated only by one of the following methods:
(a) Retrocession;
(b) Revocation of eligibility by the Secretary; or
(c) Reassumption by the Secretary.
� 44.105 How does a tribal governing body
retrocede a program to the Secretary?
top
(a) To retrocede a program, the tribal governing body must:
(1) Notify the Bureau in writing, by formal action of the tribal
governing body; and
(2) Consult with the Bureau to establish a mutually agreeable effective
date. If no date is agreed upon, the retrocession is effective 120 days
after the tribal governing body notifies the Bureau.
(b) The Bureau must accept any request for retrocession that meets the
criteria in paragraph (a) of this section.
(c) After the tribal governing body retrocedes a program:
(1) The tribal governing body decides whether the school becomes
Bureau-operated or contracted under 25 U.S.C. 450 et seq. ; and
(2) If the tribal governing body decides that the school is to be
Bureau-operated, the Bureau must provide education-related services in at
least the same quantity and quality as those that were previously
provided.
� 44.106 How can the Secretary revoke an
eligibility determination?
top
(a) In order to revoke eligibility, the Secretary must:
(1) Provide the tribe or tribal organization with a written notice;
(2) Furnish the tribe or tribal organization with technical assistance
to take remedial action; and
(3) Provide an appeal process.
(b) The Secretary cannot revoke an eligibility determination if the
tribe or tribal organization is in compliance with 25 U.S.C. 2505(c).
(c) The Secretary can take corrective action if the school fails to be
accredited by January 8, 2005.
(d) In order to revoke eligibility for a grant, the Secretary must send
the tribe or tribal organization a written notice that:
(1) States the specific deficiencies that are the basis of the
revocation or reassumption; and
(2) Explains what actions the tribe or tribal organization must take to
remedy the deficiencies.
(e) The tribe or tribal organization may appeal a notice of revocation
or reassumption by requesting a hearing under 25 CFR part 900, subpart L
or P.
(f) After revoking eligibility, the Secretary will either contract the
program under 25 U.S.C. 450 et seq. or operate the program
directly.
� 44.107 Under what circumstances may the
Secretary reassume a program?
top
The Secretary may only reassume a program in compliance with 25 U.S.C.
450m and 25 CFR part 900, subpart P. The tribe or school board shall have
a right to appeal the reassumption pursuant to 25 CFR part 900, subpart
L.
� 44.108 How must the Secretary make grant
payments?
top
(a) The Secretary makes two annual grant payments.
(1) The first payment, consisting of 80 per cent of the amount that the
grantee was entitled to receive during the previous academic year, must be
made no later than July 1 of each year; and
(2) The second payment, consisting of the remainder to which the
grantee is entitled for the academic year, must be made no later than
December 1 of each year.
(b) For funds that become available for obligation on October 1, the
Secretary must make payments no later than December 1.
(c) If the Secretary does not make grant payments by the deadlines
stated in this section, the Secretary must pay interest under the Prompt
Payment Act. If the Secretary does not pay this interest, the grantee may
pursue the remedies provided under the Prompt Payment Act.
� 44.109 What happens if the grant recipient is
overpaid?
top
(a) If the Secretary has mistakenly overpaid the grant recipient, then
the Secretary will notify the grant recipient of the overpayment. The
grant recipient must return the overpayment within 30 days after the final
determination that overpayment occurred.
(b) When the grant recipient returns the money to the Secretary, the
Secretary will distribute the money equally to all schools in the
system.
� 44.110 What Indian Self-Determination Act
provisions apply to grants under the Tribally Controlled Schools
Act?
top
(a) The following provisions of 25 CFR part 900 apply to grants under
the Tribally Controlled Schools Act.
(1) Subpart F; Standards for Tribal or Tribal Organization Management
Systems, �900.45.
(2) Subpart H; Lease of Tribally-owned Buildings by the Secretary.
(3) Subpart I; Property Donation Procedures.
(4) Subpart N; Post-award Contract Disputes.
(5) Subpart P; Retrocession and Reassumption Procedures.
(b) To resolve any disputes arising from the Secretary's administration
of the requirements of this part, the procedures in subpart N of part 900
apply if the dispute involves any of the following:
(1) Any exception or problem cited in an audit;
(2) Any dispute regarding the grant authorized;
(3) Any dispute involving an administrative cost grant;
(4) Any dispute regarding new construction or facility improvement or
repair; or
(5) Any dispute regarding the Secretary's denial or failure to act on a
request for facilities funds.
� 44.111 Does the Federal Tort Claims Act apply
to grantees?
top
Yes, the Federal Tort Claims Act applies to grantees.
� 44.112 Information collection.
top
Notwithstanding any other provision of law, no person is required to
respond to, nor shall any person be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. )
(PRA), unless that collection of information displays a currently valid
Office of Management and Budget (OMB) Control Number. This part in �44.105
contains collections of information subject to the PRA. These collections
have been approved by OMB under control number 1076�0163.
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