 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                    Part A--Allotment and Allocation
 
Sec. 2326. Native American program


(a) Definitions

    In this section:

                          (1) Alaska Native

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

                      (2) Bureau funded school

        The term ``Bureau funded school'' has the meaning given the term 
    in section 2026 of title 25.

          (3) Indian, Indian tribe, and tribal organization

        The terms ``Indian'', ``Indian tribe'', and ``tribal 
    organization'' have the meanings given the terms in section 450b of 
    title 25.

                         (4) 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.

                  (5) Native Hawaiian organization

        The term ``Native Hawaiian organization'' has the meaning given 
    the term in section 7912 of this title.

(b) Program authorized

                            (1) Authority

        From funds reserved under section 2321(a)(1)(B)(i) of this 
    title, the Secretary shall make grants to and enter into contracts 
    with Indian tribes, tribal organizations, and Alaska Native entities 
    to carry out the authorized programs described in subsection (d) \1\ 
    of this section, except that such grants or contracts shall not be 
    awarded to secondary school programs in Bureau funded schools.
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    \1\ So in original. Probably should be subsection ``(c)''.
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             (2) Indian tribes and tribal organizations

        The grants or contracts described in this section (other than in 
    subsection (i) \2\ of this section) that are awarded to any Indian 
    tribe or tribal organization shall be subject to the terms and 
    conditions of section 450f of title 25 and shall be conducted in 
    accordance with the provisions of sections 455, 456, and 457 of 
    title 25, which are relevant to the programs administered under this 
    subsection.
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    \2\ So in original. This section does not contain a subsection (i).
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    (3) Special authority relating to secondary schools operated 
                or supported by the Bureau of Indian Affairs

        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 
    Affairs to enable such school to carry out vocational and technical 
    education programs.

                            (4) Matching

        If sufficient funding is available, the Bureau of Indian Affairs 
    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 Affairs shall expend not less than the 
    amount expended during the prior fiscal year on vocational and 
    technical education programs, services, and technical activities 
    administered either directly by, or under contract with, the Bureau 
    of Indian Affairs, 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 Assistant Secretary of the Interior for Indian Affairs 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 Affairs.

                           (5) Regulations

        If the Secretary promulgates any regulations applicable to 
    subsection (b)(2) of this section, 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 subsection (b) of this section 
    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 vocational and technical education programs consistent with the 
    purpose of this chapter.

                            (2) Stipends

        (A) In general

            Funds received pursuant to grants or contracts awarded under 
        subsection (b) of this section may be used to provide stipends 
        to students who are enrolled in vocational 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) of this 
section 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

    The Secretary may not place upon grants awarded or contracts entered 
into under subsection (b) of this section any restrictions relating to 
programs other than restrictions that apply to grants made to or 
contracts entered into with States pursuant to allotments under section 
2321(a) of this title. The Secretary, in awarding grants and entering 
into contracts under this paragraph, shall ensure that the grants and 
contracts will improve vocational 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 vocational and technical education; 
        or
            (B) operate vocational and technical education programs that 
        are accredited or are candidates for accreditation by a 
        nationally recognized accreditation organization and issue 
        certificates for completion of vocational and technical 
        education programs.

(f) Consolidation of funds

    Each 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 (25 
U.S.C. 3401 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) of this section 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) of this 
    section 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

    From the funds reserved pursuant to section 2321(a)(1)(B)(ii) of 
this title, the Secretary shall award grants to or enter into contracts 
with organizations primarily serving and representing Native Hawaiians 
which are recognized by the Governor of the State of Hawaii 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, Sec. 116, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3094.)

                       References in Text

    The Indian Employment, Training and Related Services Demonstration 
Act of 1992, referred to in subsec. (f), is Pub. L. 102-477, Oct. 23, 
1992, 106 Stat. 2302, which is classified generally to chapter 36 
(Sec. 3401 et seq.) of Title 25, Indians. For complete classification of 
this Act to the Code, see Short Title note set out under section 3401 of 
Title 25 and Tables.


                            Prior Provisions

    Provisions similar to this section were contained in section 2313 of 
this title, prior to the general amendment of this chapter by Pub. L. 
105-332.
    A prior section 2326, Pub. L. 88-210, title I, Sec. 116, as added 
Pub. L. 101-392, title I, Sec. 116, Sept. 25, 1990, 104 Stat. 772, 
related to State assessments of program quality, prior to the general 
amendment of this chapter by Pub. L. 105-332.

                  Section Referred to in Other Sections

    This section is referred to in section 2321 of this title.
