Page:United States Statutes at Large Volume 115 Part 2.djvu/1091

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2075 of the amount which the grantee was entitled to receive during the preceding academic year; and "(B) the second payment, consisting of the remainder to which the grantee is entitled for the academic year, shall be made not later than December 1 of each year. "(2) EXCESS FUNDING.—In a case in which the amount Deadline. provided to a grant recipient under paragraph (1)(A) is in excess of the amount that the recipient is entitled to receive for the academic year involved, the recipient shall return to the Secretary such excess amount not later than 30 days after the final determination that the school was overpaid pursuant to this section. The amount returned to the Secretary under this paragraph shall be distributed equally to all schools in the system. "(3) NEWLY FUNDED SCHOOLS.— For any school for which no payment under this part was made from Bureau funds in the preceding academic year, full pa5anent of the amount computed for the first academic year of eligibility under this part shall be made not later than December 1 of the academic year. "(4) LATE FUNDING.—With regard to funds for grantees that become available for obligation on October 1 of the fiscal year for which such funds are appropriated, the Secretary shall make payments to grantees not later than December 1 of the fiscal year. "(5) APPLICABILITY OF CERTAIN TITLE 3I PROVISIONS.—The provisions of chapter 39 of title 31, United States Code, shall apply to the payments required to be made by paragraphs (1), (3), and (4). "(6) RESTRICTIONS. —Paragraphs (1), (3), and (4) shall be subject to any restriction on amounts of payments under this part that are imposed by a continuing resolution or other Act appropriating the funds involved. "(b) INVESTMENT OF FUNDS. — "(1) TREATMENT OF INTEREST AND INVESTMENT INCOME.— Notwithstanding any other provision of law, any interest or investment income that accrues to any funds provided under this part after such funds are paid to the Indian tribe or tribal organization and before such funds are expended for the purpose for which such funds were provided under this part shall be the property of the Indian tribe or tribal organization and shall not be taken into account by any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, under any provision of Federal law. Such interest income shall be spent on behalf of the school. "(2) PERMISSIBLE INVESTMENTS.—Funds provided under this part may be invested by the Indian tribe or tribal organization before such funds are expended for the purposes of this part so long as such funds are— "(A) invested by the Indian tribe or tribal organization only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United States, or mutual (or other) funds registered with the Securities and Exchange Commission and which only invest in obligations of the United States, or securities that are guaranteed or insured by the United States; or

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