25 Cfr 41.8

Bureau of Indian Affairs, Interior

§ 41.8

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(or both) may present additional evidence or arguments to justify feasibility. Within thirty (30) days of the
hearing, the Assistant Secretary shall
issue a written ruling either confirming, modifying, or reversing the
original determination. The ruling,
which shall be final for the Department, shall be mailed or otherwise delivered to the appealing Tribe and the
Community College within one week of
its issuance. In any case where the
original negative determination is not
reversed, the Assistant Secretary’s ruling shall specify the grounds for the decision and state the manner in which
the determination related to each of
the factors specified.
(f) A negative determination shall
not prevent a Tribe from requesting
another feasibility study, but no more
than one feasibility study shall be requested for any given Community College per year.
§ 41.8 Grants.
(a) Each Community College which
has received a positive feasibility
study determination under § 41.7 of this
subpart shall be entitled to apply for financial assistance under this subpart.
(b) Except with respect to applications for grants for the 1979–1980 academic year, each Community College
shall make an application to the Director of Education before January 31, of
the year preceding the academic year
for which financial assistance is requested. Each application must contain
the following information:
(1) The name and address of the Community College and the names of the
members of the governing board and
the number of its members who are Indian;
(2) A statement that the Community
College has received a positive feasibility determination and the date
thereof;
(3) A written statement of the goals,
philosophy, or proposed plan of operation sufficient to demonstrate that its
education program or proposed program is designed to meet the needs of
Indians;
(4) In the case of a Community College which has been in operation for
more than one year, a statement of the
total number of FTE Indian students

and the total number of all FTE students;
(5) If the Community College has not
yet begun operations, a statement of
expected enrollment, including the
total number of FTE students and the
number of FTE Indian students;
(6) The name and address of the Indian Tribe or Tribes which control or
operate and manage, or have established, sanctioned, or chartered the
Community College, and a statement
as to which of those Tribes have not
done so with respect to any other Community College;
(7) A curriculum, which may be in
the form of a college catalog or like
publication;
(8) A proposed budget, showing total
expected operating expenses of education programs and expected revenues
from all sources for the academic year
to which the information applies;
(9) An assurance that the Community
College will not deny admission to any
Indian student because that student is
not a member of a specific tribe or because such student is a member of a
specific tribe, and will comply with the
requirements set forth in § 41.11 of this
subpart together with any request and
justification for a specific waiver of
any requirement of 25 CFR part 276
which the Community College believes
to be inappropriate;
(10) Certification by the chief executive officer of the Community College
that the information on the application is complete and correct and that
the application has been filed with the
governing body or bodies of the Tribe
or Tribes which control or have sanctioned or chartered it.
(c)(1) Within thirty (30) days of receiving an application required under
paragraph (b) of this section, the Director of Education shall review the application submitted by the Community
College and any comments with respect
thereto filed by the Tribe(s) or by any
national Indian organization(s) whose
assistance has been requested by the
Community College, and make a grant
award in an amount determined under
paragraph (d) of this section to the
Community College if the application
qualifies the Community College to receive a grant.

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§ 41.8

25 CFR Ch. I (4–1–08 Edition)

(2) In the case of any Community
College whose application is not approved, the Director shall promptly
send a notice of such action to the
Community College. Such notice shall
include a statement of the specific reasons for not approving the application
and a statement advising the College of
its right within thirty (30) days to
amend or supplement the application
on file to rectify the defect.
(3) Final disapproval of a grant application by the Director after the thirty
day period referred to in paragraph
(c)(2) of this section, or a failure of the
Director of Education to approve an
application within thirty (30) days of
its receipt may be appealed by a Community College in the same manner as
provided in paragraphs (d) and (f) of
§ 41.7.
(4) A Grant award under an approved
application shall be evidenced by a
grant agreement, signed by the Direc-

FTE TERM 1 + FTE TERM 2 + ⋅ ⋅ ⋅ + FTE TERM N
N

where FTE is the Indian FTE for each
of the academic terms during the academic year calculated in conformity
with § 41.3(g) of this subpart and N is
the number of academic terms in the
academic year.
(2) For the first Federal fiscal year
for which funds are appropriated for
grants under this subpart, not less than
eight (8) nor more than fifteen (15)
grants shall be approved; priority in
awarding such grants shall be given to
Community Colleges which are operating on October 17, 1978, and which
have a history of service to the Indian
people. (If more than fifteen (15) Community Colleges meeting these two (2)
conditions submit applications for the
first fiscal year, a further priority for
awarding grants among them shall be
given to those who appear to be in the
best position to fulfill the purpose of
the Act and to those whose continued
existence would be threatened if they
did not receive such a grant).
(3) All grants under this section shall
be subject to the availability of appro-

priations and the amount thereof shall
be ratably reduced for all Community
Colleges if the sums appropriated for
any fiscal year for financial assistance
under this subpart are not sufficient to
pay the full amounts to which the eligible Community Colleges are otherwise entitled under paragraph (d)(1) of
this section.
(e) The Director of Education shall
authorize payments to each such Community College in advance installments by letter of credit or Treasury
check in an amount equal to fifty percent (50%) of the grant amount available for allotment to such Community
College for such academic year under
paragraph (d) of this section on or before October 1st of such College’s academic year (except for 1979–80) or the
first day on which appropriations for
the fiscal year beginning on such date
are available for obligation by BIA
whichever occurs later, based on the
number of FTE Indian students calculated on the basis of registrations as
in effect at the conclusion of the sixth

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EC14NO91.120

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$4,000 ×

tor of Education, incorporating the application and the provisions required
by § 41.11.
(d)(1) In fiscal year 1980, each Community College which qualifies for a
grant will receive a grant for academic
year 1979–80; thereafter each Community College which qualifies for a grant
shall receive a grant for the academic
year commencing after the date of approval of its application. Except as provided in paragraph (d)(3) of this section
grants shall be in an amount equal to
$4,000 multiplied by the number of FTE
Indian students in attendance at such
college during each academic term divided by the number of academic terms
in the academic year, except that no
such grant shall exceed the annual operating expenses of the education programs provided by the Community College. The mathematical formula for
calculating the base grant is BG (Base
Grant)=

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Bureau of Indian Affairs, Interior

§ 41.10

week of the final academic term of the
preceding academic year. On or before
January 1st (or such other date that is
the first day of the fifth month) of such
College’s academic year, payments
shall be made in the form of advance
installments to each Community College in an amount equal to seventy-five
percent (75%) of the grant amount
available for allotment to such Community College for such academic year
under paragraph (d) of this section, calculated on the basis of registrations at
the conclusion of sixth week of the academic year, less the amount previously
advanced for such academic year. On or
before July 1st (or such other date that
is the first day of the eleventh month)
of each such academic year the balance
of the grant amount to which each College is entitled under paragraph (d) of
this section shall be paid to such College. In the event that additional sums
are appropriated to which such Community Colleges are entitled under section 110(a) of the Act and paragraph (d)
of this section, these amounts shall be
included in such final payments.
(f) If with respect to any academic
year the amounts of financial assistance hereunder have been ratably reduced as provided in paragraph (d)(3) of
this section and additional funds have
not been appropriated to pay the full
amount of such reductions on or before
June 1st of such year, the Director of
Education shall notify each Community College of such fact in writing,
and each Community College shall report in writing to the Director of Education on or before July 1st of such
year the amount of unused portion of
received funds. The total of such reported unused portions of received
funds shall be reallocated by the Director of Education in proportion to the
amount of financial assistance to
which each Community College is entitled under paragraph (d) but which has
not been provided due to the ratable reductions provided for therein, (except
that no Community College shall receive more than the total annual cost
of the education programs provided by
such College) and payments shall be
made reflecting such reallocations on
or before August 1st of such academic
year.

(g) If the Director of Education determines that a Community College has
received, through mistake or fraud,
payments of financial assistance under
this subpart to which it was not entitled, the Director shall promptly notify
the college, which may appeal the Director’s determination under the procedures set forth in § 41.7, and adjust the
amount of payments to the college
under this subpart for the same or subsequent academic years to compensate
for such overpayments or otherwise attempt to recover such overpayments.
(h) Eligibility for grants under this
subpart shall not, by itself, bar a Community College from qualifying for or
receiving financial assistance under
any other Federal program for which it
may qualify.
§ 41.9

Reports.

Each Community College receiving
financial assistance under this subpart
shall provide to the Director of Education on or before December 1st of
each year a report which shall include
an accounting of the amounts and purposes for which such financial assistance was expended during the preceding academic year; the annual cost
of education programs of the Community College from all sources for such
academic year; and a final report of the
performance based upon the criteria
set forth in the Community College’s
stated goals, philosophy or plan of operation. Upon reasonable cause, the Director of Education may extend the period for submitting the annual report.
Each Community College shall in addition report to the Director of Education its FTE Indian student enrollment for each academic term of the
academic year within three weeks of
the date such FTE calculation is made.
§ 41.10

Technical assistance.

The Director of Education shall furnish technical assistance either directly or through contract to any Community College requesting it. Such assistance shall be initiated within thirty (30) days of a Community College’s
request in writing. In any case, where

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