25 Cfr 41

§ 40.2

25 CFR Ch. I (4–1–15 Edition)

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

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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

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
and technical assistance to Community
Colleges under title I of the Act. They
do not apply to the provision of assistance to Navajo Community College.
Subpart B of this part applies to assistance to Navajo Community College
under title II of the Act.
§ 41.3 Definitions.
As used in this subpart A:
(a) Academic term means a semester,
trimester, or other such period (not
less than six (6) weeks in duration) into
which a community college normally
subdivides its academic year, but does
not include a summer term.
(b) Academic year means a twelve
month period established by a community college and approved by the Director of Education as the annual period
for the operation of the college’s education programs.
(c) The Act means the Tribally Controlled Community College Assistance
Act of 1978 (Pub. L. 95–471, 92 Stat. 1325,
25 U.S.C. 1801 et seq.).

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
41.21
41.22

41.23 Eligible activities.
41.24 Grants.
41.25 Reports.
41.26 Technical assistance.
41.27 General provisions.
41.28 Criminal penalties.

Policy.
Scope.
Definitions.

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Bureau of Indian Affairs, Interior

§ 41.3

(d) Assistant Secretary means the Assistant Secretary for Indian Affairs of
the Department of the Interior, or his/
her duly authorized representative.
(e) Community College means an institution of higher education which (1) is
formally controlled or operated and
managed by the governing body of an
Indian Tribe or by the governing bodies
of two or more Indian Tribes, or (2) is
established or is otherwise sanctioned
or chartered by resolution, ordinance,
or other official action (which is still
in full force and effect) of such governing body or bodies. However, for
purposes of this definition, only one
such institution shall be recognized
with respect to any one Tribe. A Community College that meets the requirements of this definition with respect to
more than one Tribe must meet such
requirements with respect to at least
one Tribe that has no other currently
formally controlled, operated and managed, established, sanctioned, or chartered Community College.
(f) Director of Education means the Director of the Office of Indian Education
Programs of the Bureau of Indian Affairs, or his/her duly authorized representative.
(g) Full time equivalent or FTE, means
the number of Indian students (1) enrolled full-time for an entire academic
term at a community college, calculated on the basis of registrations as
in effect at the conclusion of the sixth
week of an academic term, plus (2) the
full-time equivalent of the number of
other Indian students who are enrolled
part-time for an entire academic term
at a community college (determined on
the basis of the quotient of the sum of
credit hours for which all such parttime students are registered during
such academic term, divided by twelve
(12)), calculated on the basis of registrations as in effect at the conclusion
of the sixth week of an academic term.
The formula for calculating the Indian
FTE for an academic term is expressed
mathematically as FTE=FT+PTCR/12
where FT is the number of full time Indian students (those carrying 12 or
more credit hours at the end of the
sixth week of the academic term) and
PTCR is the number of credit hours for
which part-time Indian students are

registered at the end of the sixth week
of an academic term.
(h) Indian means a person who is a
member of an Indian Tribe and is eligible to receive services from the Secretary of the Interior because of his/her
status as an Indian.
(i) Indian Tribe means an Indian
tribe, band, nation, pueblo, rancheria,
or other organized group or community, including any Alaskan Native
Village or regional or village corporation as defined in or established under
the Alaska Native Claims Settlement
Act, which is recognized as eligible for
the special programs and services provided by the United States to Indians
because of their status as Indians.
(j) Institution of higher education as
defined in Pub. L. 95–471 (incorporating
in part 1201 of the Higher Education
Act of 1965), means an educational institution in any State which
(1) Admits as regular students only
persons having a certificate of graduation from a school providing secondary
education, or the recognized equivalent
of such a certificate,
(2) Provides an educational program
for which it awards a bachelor’s degree
or provides not less than a two-year
program which is acceptable for full
credit toward such a degree,
(3) Is a public or other nonprofit institution, and
(4) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited,
(A) Is an institution with respect to
which the Commissioner of Education
has determined that there is satisfactory assurance, considering the resources available to the institution,
the period of time, if any, during which
it has operated, the effort it is making
to meet accreditation standards and
the purpose for which this determination is being made, that the institution
will meet the accreditation standards
of such an agency or association within
a reasonable time, or
(B) Is an institution whose credits
are accepted, on transfer, by not less
than three institutions which are so
accredited, for credit on the same basis
as if transferred from an institution so
accredited.
Such term also includes any school
which provides not less than a one-year

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§ 41.4

25 CFR Ch. I (4–1–15 Edition)

program of training to prepare students for gainful employment in a recognized occupation and which meets
the provisions of clauses (1), (2), (3),
and (4). Such term also includes a public or nonprofit private educational institution in any State which, in lieu of
the requirement in clause (1), admits as
regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the
ability to benefit from the training offered by the institution.
(k) National Indian Organization
means any organization of Indians,
found by the Director of Education to
be nationally based, representing a
substantial Indian constituency, and
expert in the field of Indian education.
Notice of such findings shall be published in the FEDERAL REGISTER with
an opportunity for comment from the
public and no such finding shall be effective earlier than 30 days after publication.
(l) Operating expenses of education programs means the obligations and expenditures of a community college for
post-secondary activities, including administration, instruction, attendance,
health and other student services, operation, maintenance and repair of
plant, fixed charges, and other related
expenses, but not including expenditures for the acquisition or construction of academic facilities. (The term
academic facilities means structures
suitable for use as classrooms, laboratories, libraries, and related facilities
necessary or appropriate for instruction of students, or for research, or for
administration of the educational or
research programs of an institution of
higher education or as dormitories or
student services buildings, and maintenance, storage, support, or utility facilities essential to operation of the
foregoing facilities.)
(m) Part-time means registered for
less than twelve (12) credit hours for an
academic term; full-time means registered for twelve (12) or more credit
hours for an academic term.
(n) Unused portion of received funds
means the amount of financial assistance provided under this subpart to a
Community College for an academic
year which has not been obligated or

expended by the Community College by
July 1 of that academic year.
§ 41.4

Eligible recipients.

Financial assistance under this subpart shall be available only to a Community College which:
(a) Is governed by a board of directors, regents, or trustees, a majority of
whom are Indians;
(b) Demonstrates its adherence to
stated goals, a philosophy, or a plan of
operation which is directed to meet the
needs of Indians, and has formally
adopted, in writing, such goals, philosophy, or plan of operation, which may
be in the form of a constitution, bylaws, or policy statement of the Community College;
(c) If in operation for more than one
year, has students a majority of whom
are Indian; and
(d) Upon completion of a feasibility
study, receives a positive determination, and;
(e) Is not in violation of § 41.11 of this
subpart.
§ 41.5

Eligible activities.

Financial assistance under this subpart shall be available to defray only
the operating expenses of education
programs of Community Colleges. Financial assistance under this subpart
shall not be used for religious worship
or sectarian instruction, but nothing in
this subpart shall be construed as barring instruction in comparative religions or cultures or in languages of Indian tribes.
§ 41.6

HHS participation.

The Assistant Secretary for Indian
Affairs is authorized to enter into an
agreement with the Assistant Secretary for Education, Department of
Health and Human Services, and to revise such agreement as necessary, to
assist the Director of Education in the
development of plans, procedures, and
criteria for feasibility studies under

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Bureau of Indian Affairs, Interior

§ 41.8

this subpart, and to provide the Director with technical assistance in conducting such feasibility studies, including determinations as to the reasonable number of students required to
support a Community College.

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[44 FR 67042, Nov. 21, 1979. Redesignated at 47
FR 13327, Mar. 30, 1982; 48 FR 13414, Mar. 31,
1983]

§ 41.7 Feasibility studies.
(a) Grants under § 41.8 of this subpart
may be made to a Community College
only after a positive determination of
feasibility as provided in this section.
(b) Within thirty (30) days of receiving a resolution or other duly authorized request from the governing body of
one or more Indian Tribes, the Director
of Education shall initiate a feasibility
study to determine whether there is
justification to encourage and maintain a Community College for such
tribe or tribes. The feasibility study
shall give consideration to the following factors:
(1) Financial feasibility based upon
potential enrollment;
(2) Evidence of low tribal levels of
tribal matriculation in and graduation
from postsecondary educational institutions;
(3) Tribal, linguistics, or cultural differences;
(4) Isolation;
(5) Presence of alternate education
sources;
(6) Proposed curriculum;
(7) The benefits of continued and expanded educational opportunities for
Indian students.
(c) The Director of Education will
issue detailed guidelines for conducting
and analyzing the feasibility studies.
(d) Feasibility studies under this section shall be conducted in consultation
with the tribal governing body or bodies involved or their designated representatives. Each feasibility study
shall be completed and filed by the Director of Education within sixty (60)
days after the feasibility study has
been initiated. The study shall be filed
with (1) the Assistant Secretary, (2) the
tribal governing body or bodies requesting the studies, and (3) with the
board of directors, regents, or trustees
of the Community College, if already
established.

(e) In the case of any feasibility
study which results in a negative determination by the Director of Education, a Tribe requesting the study
may within thirty (30) days of receipt
of the study or of notice of such determination file a notice of appeal with
the Assistant Secretary. Following the
timely filing of a Tribe’s notice of appeal, the Tribe and Community College
shall have a right to a formal review of
the feasibility study, including a hearing upon reasonable notice within sixty
(60) days before the Assistant Secretary (or his/her designee, other than
the Director of Education or any federal employee under the Director’s supervision). At the hearing, the appealing Tribe or the Community College
(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:

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§ 41.8

25 CFR Ch. I (4–1–15 Edition)

(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.
(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 Director 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

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Bureau of Indian Affairs, Interior

§ 41.8

in the academic year, except that no
such grant shall exceed the annual operating expenses of the education programs provided by the Community Col-

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 appropriations 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
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

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EC14NO91.120

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$4,000 ×

lege. The mathematical formula for
calculating the base grant is BG (Base
Grant)=

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§ 41.9

25 CFR Ch. I (4–1–15 Edition)

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.

ment for each academic term of the
academic year within three weeks of
the date such FTE calculation is made.

§ 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 enroll-

§ 41.11 General provisions.
The general requirements for grant
administration in this section are applicable to all grants provided under
this subpart to Community Colleges:
(a) Services or assistance provided to
Indians by Community Colleges aided
under this subpart shall be provided in
a fair and uniform manner, and admission to any such Community College
shall not be denied to any Indian student because such individual is not a
member of a specific Indian tribe or because such individual is a member of a
specific Indian tribe.
(b) Except as may be otherwise provided in this subpart, any Community
College receiving financial assistance
under this subpart shall comply with
part 276 of this title, subject to any express waiver of specific inappropriate
provisions of part 276 that may be

§ 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
the type and source of technical assistance is specified in the request, the Director, to the extent possible or feasible, shall provide the type of technical assistance through the source so
specified. Technical assistance may include, but is not limited to, consulting
services for the development of programs, plans, and feasibility studies
and accounting, and other technical
advice. In awarding of contracts for
technical assistance, preference shall
be given to an organization designated
by the Community College to be assisted. Denials of requests for technical
assistance under this section shall be
made in writing and sent to the applicant within thirty (30) days of the request, together with a statement of the
reason for denial. An appeal under this
section may be undertaken in the same
manner as in the case of negative determinations of feasibility under § 41.7
of his subpart.

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Bureau of Indian Affairs, Interior

§ 41.22

granted by the Assistant Secretary
after request and justification by the
Community College.
(c) A Community College shall have
the right to appeal any adverse decision of the Director of Education under
a grant agreement to the Assistant
Secretary by filing written notice of
appeal with the Assistant Secretary
within thirty (30) days after the adverse decision. Within thirty (30) days
after receiving notice of appeal, the Assistant Secretary shall conduct a formal hearing at which time the College
may present evidence and argument to
support its appeal. Within thirty (30)
days of the hearing, the Assistant Secretary shall issue a written ruling on
the appeal confirming, modifying, or
reversing the Director of Education’s
decision, the Assistant Secretary shall
state in detail the basis for his/her ruling. The ruling of the Assistant Secretary on an appeal shall be final for
the Department of the Interior.

Indian students. The regulations in
this subpart prescribe procedures for
providing financial and technical assistance to this end for the Navajo
Community College under the Navajo
Community College Act, as amended
(25 U.S.C. 640a–c).

§ 41.12 Annual budget.
Appropriations under title I of the
Tribally Controlled Community College Assistance Act of 1978 shall be separately identified in the Bureau of Indian Affairs Budget Justification.
Funds appropriated for grants under
this subpart shall not be commingled
with other funds expended by the Bureau of Indian Affairs.

§ 41.22 Definitions.
As used in this subpart:
(a) Academic term means a semester,
trimester, or other such period (not
less than six (6) weeks in duration) into
which the college normally subdivides
its academic year, but does not include
a summer term.
(b) Academic year means a twelve
month period established by the college and approved by the Director of
Education as the annual period for the
operation of the college’s education
programs.
(c) The Act means the Navajo Community College Act of December 15,
1971 (Pub. L. 92–189, 85 Stat. 646) as
amended by the Navajo Community
College Assistance Act of 1978, (Pub. L.
95–471, title II, 92 Stat. 1329, 25 U.S.C.
640a et seq.).
(d) Assistant Secretary means the Assistant Secretary for Indian Affairs of
the Department of the Interior or his/
her duly authorized representative.
(e) College means the institution
known as Navajo Community College
established by the Navajo Tribe.
(f) Director of Education means the Director of the Office of Indian Education
Programs of the Bureau of Indian Affairs, or his/her duly authorized representative.

§ 41.13 Criminal penalties.
Persons submitting or causing to be
submitted to the Bureau any false information in connection with any application, report, or other document,
upon which the provision of Federal financial assistance or any other payment of Federal funds is based, may be
subject to criminal prosecution under
provisions such as sections 287, 371, or
1001 of title 18, U.S. Code.

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Subpart B—Navajo Community
College
§ 41.20 Policy.
It is the policy of this Department to
support and encourage the establishment, operation, and improvement of
tribally controlled community colleges
in order to ensure continued and expanded educational opportunities for

§ 41.21 Scope.
The regulations in this subpart are
applicable to the provision of financial
and technical assistance to Navajo
Community College pursuant to the
Navajo Community College Act of December 15, 1971 (Pub. L. 92–189, 85 Stat.
646, 25 U.S.C. 640a–c) as amended by the
Navajo Community College Assistance
Act of 1978, title II of the Tribally Controlled Community College Assistance
Act of 1978 (Pub. L. 95–471, 92 Stat. 1325,
1329, 25 U.S.C. 640c). Regulations applicable to Tribally Controlled Community Colleges other than Navajo Community College are found in subpart A
of this part 41.

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§ 41.23

25 CFR Ch. I (4–1–15 Edition)

(g) Full time equivalent or FTE means
the number of Indian students (1) enrolled full-time for an entire academic
term at the College, calculated on the
basis of registrations as in effect at the
conclusion of the sixth week of an academic term, plus (2) the full-time
equivalent of the number of other Indian students who are enrolled parttime for an entire academic term at
the College (determined on the basis of
the quotient of the sum of credit hours
for which all such part-time students
are registered during such academic
term divided by (12)), calculated on the
basis of registrations as in effect at the
conclusion of the sixth week of an academic term. The formula for calculating the Indian FTE for an academic
term is expressed mathematically as
FTE=FT+PTCR/12 where FT is the
number of full time Indian students
(those carrying 12 or more credit hours
at the end of the sixth week of the academic term) and PTCR is the number
of credit hours for which part-time Indian students are registered at the end
of the sixth week of an academic term.
(h) Indian means a person who is a
member of an Indian tribe and is eligible to receive services from the Secretary of the Interior because of his/her
status as an Indian.
(i) Indian Tribe means an Indian
tribe, band, nation, pueblo, rancheria,
or other organized group or community, including any Alaskan Native
Village or Regional or Village Corporation as defined in or established under
the Alaska Native Claims Settlement
Act, which is recognized as eligible for
the special programs and services provided by the United States to Indians
because of their status as Indians.
(j) Operating and Maintenance Expenses of Education Programs means the
obligation and expenditures by the College for post-secondary education activities including administration, instruction, attendance, health and other
student services, operation, maintenance and repair of plant, and fixed
charges, and other related expenses,
but not including obligations or expenditures for the acquisition or construction of academic facilities (as defined in § 41.3(l) of subpart A).

§ 41.23 Eligible activities.
Financial assistance under this subpart shall be available to defray only
the operating and maintenance expenses of education programs of the
College. Financial assistance under
this subpart shall not be used for religious worship or sectarian instruction,
but nothing in this subpart shall be
construed as barring instruction in
comparative religions or cultures or in
languages of Indian tribes.
§ 41.24 Grants.
(a) Navajo Community College is entitled to annual grants for operation
and maintenance of the College in
amounts based upon the number of
Full-Time Equivalent Indian students
in attendance.
(b) Annually, in the manner and
within the deadline established by the
Director of Education, the Navajo
Community College shall submit an application in the form of a statement of
its FTE enrollment (total and Indian)
for the next academic year. The statement shall include a description of the
College’s curriculum, which may be in
the form of a College catalog or like
publication, and a proposed budget
showing total expected operating expenses of educational programs and expected revenue from all sources for the
academic year for which the information applies. The statement shall be
certified by the chief executive officer
of the College and shall certify that a
copy of that statement has been submitted to the Navajo Tribe.
(c) Annual budget request for the
College shall be sparately identified in
the Bureau of Indian Affairs Budget
Justifications. Funds appropriated for
grants under this subpart shall not be
commingled with other funds appropriations historically expended by the
Bureau of Indian Affairs for programs
and projects normally provided on the
Navajo Reservation for Navajo beneficiaries.
(d) Within thirty (30) days of submission of the statement required under
paragraph (b) of this section, the Director of Education shall make a grant
award to the College in an amount determined under paragraph (e) of this
section. The grant award shall be evidenced by a grant agreement signed by

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Bureau of Indian Affairs, Interior

§ 41.25

the Director of Education, incorporating the grant application and including the provisions required by
§ 41.27 of this subpart.
(e) The College shall be eligible to receive a grant for the fiscal year beginning October 1, 1979, and for each succeeding year, in an amount equal to
$4,000 multiplied by the number of FTE

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 § 41.22(g) of this subpart and N is
the number of academic terms in the
academic year. The amount and payment of such grants shall be subject to
the availability of annual appropriations.
(f) The Director of Education shall
authorize payments to the 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 the College for such academic year
under paragraph (e) of this section on
or before October 1st of such academic
year (except 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 week of the final
academic term of the preceding year.
On or before January 1st (or such other
date that is the first day of the fifth
month) of such academic year, payment shall be made in the form of such
advance installments to the College in
an amount equal to seventy-five percent (75%) of the grant amount available for allotment to the College for
such academic year under paragraph
(e) of this section, calculated on the
basis of registrations as in effect at the
conclusion of the 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 such academic year, the balance of
the grant amount to which the College
is entitled under paragraph (e) of this
section shall be paid to the College. In
the event that additional sums are appropriated for the benefit of the College, these sums shall be included in
the final payment.
(g) Overpayments of grants under
this subpart may be recovered in the
manner provided by § 41.8(g) of subpart
A.
(h) Payments to the Navajo Community College under this subpart shall
not disqualify the College from applying for or receiving grants or contracts
under any other Federal programs for
which it may qualify.
§ 41.25

Reports.

The Navajo Community College shall
provide the Director of Education on or
before September 1st of each year a report which shall include an accounting
of the amounts and purposes for which
financial assistance under this subpart
was expended during the preceding academic year, the annual cost of the education programs of the College from all
sources for such academic year, and a
final report of the performance based
upon the criteria set forth in the 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. The 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.

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EC14NO91.121

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$4,000 ×

Indian students in attendance at the
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 College. The
mathematical formula for calculating
the base grant is BG (Base Grant)=

§ 41.26

25 CFR Ch. I (4–1–15 Edition)

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§ 41.26 Technical assistance.
The Director of Education shall furnish technical assistance, either directly or through contract, to the College when requested in writing. Such
assistance shall be initiated within
thirty (30) days of the College’s request. In any case in which the form
and source of technical assistance is
specified in the request, the Director of
Education shall to the extent possible
or feasible provide technical assistance
in the form requested and through the
source so specified. Technical assistance may include, but is not limited to,
consulting services in the development
of annual statements and reports required under this subpart and accounting, and other technical advice and assistance.
§ 41.27 General provisions.
The general requirements for grant
administration in this section are applicable to all grants provided under
this subpart to the Navajo Community
College.
(a) Services or assistance provided to
Indians by the College with the financial assistance provided under this subpart shall be provided in a fair and uniform manner, and admission to the
College shall not be denied any Indian
student because such individual is not
a member of a specific Indian tribe or
because such individual is a member of
a specific Indian tribe.
(b) Except as may be otherwise provided in this subpart, the College shall
comply with part 276 of this title, subject to express waiver of specific inappropriate provisions of part 276 that
may be granted, after request and justification by the College by the Assistant Secretary.
(c) In addition to any other right the
college may have under this subpart,
the College shall have the right to appeal any adverse decision of the Director of Education under a grant agreement to the Assistant Secretary by filing written notice of appeal with the
Assistant Secretary within thirty (30)
days of the adverse decision. Within
thirty (30) days after receiving notice
of appeal, the Assistant Secretary shall
conduct a formal hearing at which
time the College may present evidence
and argument to support its appeal.

Within thirty (30) days of the hearing,
the Assistant Secretary shall issue a
written ruling on the appeal confirming, modifying or reversing the decision of the Director of Education. In
the case of a ruling not reversing the
Director of Education’s decision, the
Assistant Secretary shall state in detail the basis for his/her ruling. The
ruling of the Assistant Secretary on an
appeal shall be final for the Department of the Interior.
§ 41.28

Criminal penalties.

Persons submitting or causing to be
submitted to the Bureau any false information in connection with any application, report, or other document,
upon which the provision of the Federal financial assistance, or any other
payment of Federal funds, is based,
may be subject to criminal prosecution
under provisions such as sections 287,
371, or 1001 of title 18, U.S. Code.

PART 42—STUDENT RIGHTS
Sec.
42.1 What general principles apply to this
part?
42.2 What rights do individual students
have?
42.3 How should a school address alleged
violations of school policies?
42.4 What are alternative dispute resolution
processes?
42.5 When can a school use ADR processes
to address an alleged violation?
42.6 When does due process require a formal
disciplinary hearing?
42.7 What does due process in a formal disciplinary proceeding include?
42.8 What are a student’s due process rights
in a formal disciplinary proceeding?
42.9 What are victims’ rights in formal disciplinary proceedings?
42.10 How must the school communicate individual student rights to students, parents or guardians, and staff?
42.11 Information collection.
AUTHORITY: 5 U.S.C. 301, Pub. L. 107–110, 115
Stat. 1425.
SOURCE: 70 FR 22218, Apr. 28, 2005, unless
otherwise noted.

§ 42.1 What general principles apply to
this part?
(a) This part applies to every Bureaufunded school. The regulations in this
part govern student rights and due

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