25 Cfr 40

Bureau of Indian Affairs, Interior

§ 40.1

prior to application of the phase-in provision.
[44 FR 61864, Oct. 26, 1979. Redesignated at 47
FR 13327, Mar. 30, 1982. Redesignated and
amended at 70 FR 33702, June 9, 2005]

§ 39.1101 Addition of pre-kindergarten
as a weight factor to the Indian
School Equalization Formula in fiscal year 1982.
The Director, in consultation with
the tribes and school boards, shall determine appropriate weight factors
needed to include pre-kindergarten
programs in the Indian School Equalization Formula in fiscal year 1982.
Based on a needs assessment, to be
completed by January 1, 1980, pre-kindergarten programs shall be included
in the Bureau’s education request for
fiscal year 1982.

Subpart L—Contract School
Operation and Maintenance Fund
SOURCE: 44 FR 61864, Oct. 26, 1979, unless
otherwise noted. Redesignated at 70 FR 33702,
June 9, 2005.

§ 39.1200 Definitions.
Contract school operation and maintenance costs for fiscal year 1979 means
the sum of costs for custodial salaries
and fringe benefits, related supplies
and equipment and equipment repair,
insurance, and school operation utilities costs, where such costs are not
paid by the Division of Facilities Management or other noneducation Bureau
sources.
§ 39.1201 Establishment of an interim
fiscal year 1980 operation and
maintenance fund for contract
schools.
There is established in the Division
of Facilities Management a separate
fund entitled the Contract School Operation and Maintenance Fund. The
Secretary shall cause the distribution
of an amount of $2.5 million, under the
fiscal year 1980 appropriation for the
Bureau, from budget activity 3500.
‘‘General Management and Facilities
Operations’’, to the schools through
this fund and shall create an appropriate account or subaccount for the
Contract School Operation and Maintenance Fund.

§ 39.1202 Distribution of funds.
(a) Each contract school shall receive
in fiscal year 1980 a portion of the Contract School Operation and Maintenance Fund determined by the percentage share which that school’s fiscal
year 1979 operation and maintenance
cost represents in the total fiscal year
1979 operation and maintenance cost
for all such schools.
(b) To be eligible for these funds, a
contract school shall submit a detailed
report of actual operation and maintenance costs for fiscal year 1979 to the
Director by November 23, 1979. These
cost figures will be subject to
verification by the Director to assure
their accuracy prior to the allotment
of any funds under this subpart.
(c) Any funds generated under this
subpart shall be included in the computation of the phase-in amount if supplemental operation and maintenance
funds were included in a school’s fiscal
year 1979 3100 contract funds.
[44 FR 61864, Oct. 26, 1979, unless otherwise
noted. Redesignated at 47 FR 13327, Mar. 30,
1982. Redesignated and amended at 70 FR
33702, June 9, 2005]

§ 39.1203 Future consideration of contract school operation and maintenance funding.
The Assistant Secretary shall arrange for full funding for operation and
maintenance of contract schools by fiscal year 1981.

PART 40—ADMINISTRATION OF
EDUCATIONAL LOANS, GRANTS
AND OTHER ASSISTANCE FOR
HIGHER EDUCATION
Sec.
40.1
40.2
40.3
40.4
40.5

Appropriations for loans or grants.
Working scholarships.
Applications.
Security.
Repayments.

AUTHORITY: Sec. 11, 48 Stat. 986; 25 U.S.C.
471.
SOURCE: 22 FR 10533, Dec. 24, 1957, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

§ 40.1 Appropriations for loans or
grants.
Funds appropriated by Congress for
the education of Indians may be used

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§ 40.2

25 CFR Ch. I (4–1–06 Edition)

for making educational loans and
grants to aid students of one-fourth or
more degree of Indian blood attending
accredited institutions of higher education or other accredited schools offering vocational and technical training who reside within the exterior
boundaries of Indian reservations
under the jurisdiction of the Bureau of
Indian Affairs or on trust or restricted
lands under the jurisdiction of the Bureau of Indian Affairs. Such educational loans and grants may be made
also to students of one-fourth or more
degree of Indian blood who reside near
the reservation when a denial of such
loans or grants would have a direct effect upon Bureau programs within the
reservation. After students meeting
these eligibility requirements are
taken care of, Indian students who do
not meet the residency requirements
but are otherwise eligible may be considered.
[33 FR 9708, July 4, 1968. Redesignated at 47
FR 13327, Mar. 30, 1982]

§ 40.2

Working scholarships.

Working scholarships may be granted
to Indians who wish to earn their board
and room by part-time work at Federal
boarding schools that are located near
a college, trade, or vocational school.
§ 40.3

Applications.

Applications for educational loans,
grants, and working scholarships shall
be submitted through the superintendent or officer in charge of the
agency at which the applicant is enrolled in the manner prescribed by the
Commissioner.
§ 40.4

Security.

If a borrower or cosigner has security
to offer for an educational loan it must
be given in an amount adequate to protect the loan.
§ 40.5

Repayments.

Repayment schedules for educational
loans may provide not to exceed two
years for repayment for each year in
school.

PART 41—GRANTS TO TRIBALLY
CONTROLLED COMMUNITY COLLEGES AND NAVAJO COMMUNITY COLLEGE
Subpart A—Tribally Controlled Community
Colleges
Sec.
41.1
41.2
41.3
41.4
41.5
41.6
41.7
41.8
41.9
41.10
41.11
41.12
41.13

Purpose.
Scope.
Definitions.
Eligible recipients.
Eligible activities.
HHS participation.
Feasibility studies.
Grants.
Reports.
Technical assistance.
General provisions.
Annual budget.
Criminal penalities.

Subpart B—Navajo Community College
41.20 Policy.
41.21 Scope.
41.22 Definitions.
41.23 Eligible activities.
41.24 Grants.
41.25 Reports.
41.26 Technical assistance.
41.27 General provisions.
41.28 Criminal penalties.
AUTHORITY: Secs. 114 and 203(a), Pub. L. 95–
471, 25 U.S.C. 1815, 25 U.S.C. 640c–1(c).
SOURCE: 44 FR 67042, Nov. 21, 1979, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

Subpart A—Tribally Controlled
Community Colleges
§ 41.1 Purpose.
The policy of the Department of the
Interior is to support and encourage
the establishment, operation, and improvement of tribally controlled community colleges to ensure continued
and expanded educational opportunities for Indian students. The regulations in this subpart prescribe procedures for providing financial and technical assistance to this end under the
Tribally Controlled Community College Assistance Act of 1978 (Pub. L. 95–
471, 92 Stat. 1325, 25 U.S.C. 1801 et seq.).
§ 41.2 Scope.
The regulations in this subpart are
applicable to the provision of financial

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