(c) Cash payback. If a cash payback is to be made, the Department will contact the participant to establish an appropriate schedule for payments. (Approved by the Office of Management and Budget under control number 1810-0020) (Authority: 20 U.S.C. 7832 and 7833) Subpart D-How are Fellowship Payments Made? $263.40 How are payments made? (a) Fellowship payments are made directly to the institution of higher education where a Fellow is enrolled, with stipends provided to the Fellow in installments by the institution. No fewer than two installments per academic year may be made. (b) If a Fellow transfers to another institution, the fellowship may also be transferred provided the Fellow maintains basic eligibility for the award. (c) A Fellow who officially or unofficially withdraws or is expelled from an institution before completion of a term shall refund a prorated portion of the stipends received, as determined by the Secretary. The Secretary will require the institution to return any unexpended funds. (Authority: 20 U.S.C. 7833) EFFECTIVE DATE NOTE: At 60 FR 33300, June 27, 1995, part 263 was revised, effective July 27, 1995. For the convenience of the reader, the superseded text is set forth below. 263.9 Application contents: Evidence of eligibility under 34 CFR 75.60. Subpart C-How Does the Secretary Select Fellows? 263.11 What priorities may the Secretary establish? 263.12 How does the Secretary evaluate applications? 263.13 What priority is given to certain applicants? Subpart D-What Conditions Must Be Met by Fellows? 263.21 Required certification of information. 263.22 Time period for a fellowship. 263.23 Responsibilities of a Fellow. 263.24 Leave of absence requests. 263.25 Discontinuation of fellowship pay ments. Subpart E-Who Is Responsible for Grant Payments? 263.31 Disbursement of funds. AUTHORITY: 20 U.S.C. 3385b, unless otherwise noted. Subpart A-General § 263.1 What is the Indian Fellowship Program? The Indian Fellowship Program provides fellowships to enable Indian students to pursue a course of study leading to (a) A postbaccalaureate degree in medicine, law, education, psychology, clinical psychology, or a related field; or (b) or An undergraduate postbaccaluareate degree in business administration, engineering, natural resources, or a related field. (Authority: 25 U.S.C. 2623) [54 FR 21577, May 18, 1989] § 263.2 Who is eligible to apply under the Indian Fellowship Program? (a) In order to be eligible for a fellowship an applicant must be: (1) An Indian as defined in § 263.3; (2) A United States citizen; and (3)(i) Currently in attendance or accepted for admission as a full-time undergraduate or postbaccalaureate student at an accredited institution of higher education in one of the fields listed in § 263.4 or a related field; and (ii) Recognized by that institution as a degree candidate. (b) An applicant must not have obtained a terminal postbaccalaureate degree. (c) An applicant must be eligible under 34 CFR 75.60. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989; 57 FR 30342, July 8, 1992] § 263.3 What definitions apply to the Indian Fellowship Program? The following definitions apply to the Indian Fellowship Program: Department means the U.S. Department of Education. Dependent allowance means costs for the care of minor children who reside with the Fellow. Expenses means tuition and required fees, required university health insurance, room, personal living expenses, and board at or near the institution, travel in cases of extreme hardship, instructional supplies, and dependent allowance. Fellow means the recipient of a fellowship under the Indian Fellowship Program. Fellowship means an award under the Indian Fellowship Program. Full course load means the number of credit hours which the institution requires of a full-time student. Full-time student means a student who: (a) Is a degree candidate; (b) Carries a full course load; and (c) Is not employed for more than 20 hours a week. Good standing means a cumulative grade point average of at least 2.0 on a 4.0 grade point scale in which failing grades are computed as part of the average, or another appropriate standard established by the institution. Indian means an individual who is (a) A member of an Indian tribe, band, or other organized group of Indians (as defined by the Indian tribe, band, or other organized group), including those Indian tribes, bands, or groups terminated since 1940 and those recognized by the State in which they reside; (b) A descendant, in the first or second degree, of an individual described in paragraph (a) of this definition; (c) Considered by the Secretary of the Interior to be an Indian for any purpose; or (d) An Eskimo, Aleut, or other Alaska Native. Institution of higher education means that term as defined in 34 CFR 250.4. Secretary means the Secretary of the Department of Education or an official or employee of the Department acting for the Secretary under a delegation of authority. Stipend means that portion of a fellowship award that is used for room and board and personal living expenses. Undergraduate degree means a baccalaureate (bachelor's) degree awarded by an institution of higher education. (Authority: 25 U.S.C. 2623, 2651) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989] § 263.4 What are the allowable fields of study? (a) The following are allowable fields for a postbaccalaureate degree under this program: (2) Supplements other financial aid, including Federal funding, other than loans, for meeting educational expenses. (b) The Secretary announces the expected maximum amounts for subsistence and other fellowship costs in the annual application notice published in the FEDERAL REGISTER. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989] Subpart B-What Should the $263.6 Application contents: Evidence that the applicant is Indian. An application must contain evidence that the applicant is Indian as defined in §263.3 of this part. (Approved by the Office of Management and Budget under control number 1810-0020) (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989] $263.7 Application contents: Evidence of admission or attendance. (a) An application must contain evidence that the applicant is currently in attendance or has been accepted for admission as a full-time student at an accredited institution of higher education in one of the eligible fields of study listed in § 263.4. (b) An applicant who has not yet been accepted for admission may submit an application that the Secretary may consider, provided that the applicant is accepted by an accredited institution of higher education by a date to be specified by the Secretary. (Approved by the Office of Management and Budget under control number 1810-0020) (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989] official undergraduate and, if appropriate, graduate transcripts. (Approved by the Office of Management and Budget under control number 1810-0020) (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989] § 263.9 Application_contents: Evidence of eligibility under 34 CFR 75.60. An applicant shall submit the certification required under 34 CFR 75.61. (Authority: 20 U.S.C. 3385b) [57 FR 30342, July 8, 1992] Subpart C-How Does the § 263.11 What priorities may the Secretary establish? (a) Each year the Secretary may establish priorities among the allowable fields of study described in § 263.4. (b) The Secretary announces the priorities selected and the approximate amount of funds reserved for any combination of the various fields or related fields of study in the application notice published in the FEDERAL REGISTER. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21577, May 18, 1989] § 263.12 How does the Secretary evaluate applications? (a) The Secretary evaluates an application on the basis of the criteria listed in paragraphs (c), (d), and (e) of this section, in addition to the priority points awarded under § 263.13. The maximum possible point range for each criterion is stated in parentheses. The number of points the Secretary awards for each criterion depends on how well the application addresses all of the factors of that criterion. The total number of points available under the criteria in this section is 100. (b) The Secretary evaluates and ranks an application with other applications for the same field and related fields. (c) Official academic record. (80 points) (1) The Secretary considers the quality of the applicant's academic record and the applicant's potential for success in his or her field of study by reviewing the items in paragraphs (c) (2) and (3) of this section. (2) The Secretary reviews the applicant's grade and if applicable standardized test scores, such as the Scholastic Aptitude Test (SAT), American College Testing Assessment Program (ACT), Graduate Record Examination (GRE), Law School Admissions Test (LSAT), Medical College Admission Test (MCAT), and achievements tests. (3) The Secretary reviews the applicant's official transcripts and any grade reports and test scores. (d) Leadership. (10 points) (1) The Secretary reviews documentation of any leadership positions held by the applicant while in school and three letters of assessment that address the applicant's potential for success and leadership in his or her field of study. (2) The applicant shall submit three letters, one from each of the following groups: (i) A school principal, a teacher, an academic or non-academic instructor or counselor. (ii) A college professor, a coordinator of a project funded under Subpart 1 of the Indian Education Act of 1988, or an academic advisor. (iii) A member of a parent committee for a project funded under Subpart 1 of the Indian Education Act of 1988, a tribal council member, or a civic leader who has observed the applicant in educational, social, or civic activities. edu (e) Commitment. (10 points) (1) The Secretary considers the applicant's commitment by reviewing an cational commitment essay written by the applicant. The Secretary awards up to 10 points for this criterion. (2) In reviewing the essay, the Secretary looks for: (i) The applicant's ability to write clearly; (ii) How well and the extent to which the applicant expresses a commitment of pursuing his or her chosen field of study; and (iii) The extent to which the essay explains how participation in the fellowship program will enable the applicant to achieve his or her potential and assist him or her in providing leadership to the Indian Community. (Approved by the Office of Management and Budget under control number 1810-0020) (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 53 FR 49144, Dec. 6, 1988; 54 FR 21577, May 18, 1989] § 263.13 What priority is given to certain applicants? (a) The Secretary awards not more than 10 percent of the fellowships, on a priority basis, to persons receiving training in guidance counseling with a specialty in the area of alcohol and substance abuse counseling and education. (b) The Secretary shall award 15 additional points beyond those awarded under § 263.12 to applicants who apply for graduate fellowships in the fields of business administration, engineering, natural resources, and related fields. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21578, May 18, 1989] (2) Not to exceed two academic years for a master's degree. (b) The Secretary reviews the status of each Fellow at the end of each year and continues support only if the Fellow (1) Has complied with the Indian Education Act of 1988 and applicable regulations; (2) Has remained a full-time student in good standing in the field in which the fellowship was awarded; and (3) Has submitted a noncompeting continuation application requesting additional support. (c) A fellowship terminates when the Fellow receives the degree being sought or after the Fellow has received the fellowship for the maximum number of years allowed as defined in paragraph (a) of this section, whichever comes first. (d) A Fellow who received an undergraduate degree may seek support under this program to pursue a graduate level or postbaccalaureate degree by submitting a new application. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21578, May 18, 1989] § 263.23 Responsibilities of a Fellow. A Fellow shall (a) Start school during the first semester of the award at the institution named on the grant award document and complete at least one full academic term; (b) Submit to the Secretary two copies of his or her official grade report at the close of each academic term at that institution; and (c) Request a leave of absence from the Secretary for any interruption in his or her program of academic studies. (Approved by the Office of Management and Budget under control number 1810-0020) (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 53 FR 49144, Dec. 6, 1988; 54 FR 21578, May 18, 1989] § 263.24 Leave of absence requests. (a) A Fellow may request a leave of absence from the Secretary for a period not longer than 9 months. (b) The Secretary permits a leave of absence only if the institution certifies that the Fellow is eligible to resume his or her course of study at the end of the leave of absence. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21578, May 18, 1989] § 263.25 Discontinuation of fellowship payments. (a) The Secretary may discontinue the fellowship, if the Fellow (1) Fails to comply with the provisions under this part, including failure to obtain an approved leave of absence under § 263.24, or with the terms and conditions of the fellowship award; or (2) Fails to report any change in his or her academic status. (b) The Secretary will discontinue a fellowship only after providing reasonable notice and an opportunity for the Fellow to rebut, in writing or in an informal meeting with the responsible official in the Department of Education, the basis for the decision. (Authority: 25 U.S.C. 2623) [48 FR 35333, Aug. 3, 1983, as amended at 54 FR 21578, May 18, 1989] Subpart E-Who is Responsible for Grant Payments? § 263.31 Disbursement of funds. (a) Funds are disbursed directly to the institution of higher education where a Fellow is enrolled. Stipends must be distributed to Fellows in installments by the institution. No fewer than two installments per academic year may be made. (b) If the fellowship is vacated or discontinued (1) The Secretary may elect to allow the fellowship to follow the Fellow to another institution if the Fellow transfers during the current award period and maintains eligibility for the award; (2) The Secretary may award the unexpended funds from the fellowship to an alternate applicant at that institution for a period of study that does not exceed the term or amount of the original fellowship; or (3) The Secretary may require the institution to return the unexpended funds. (c) A Fellow who officially or unofficially withdraws or is expelled from an |