25 C.F.R. § 40.1

Appropriations for loans or grants

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Funds appropriated by Congress for the education of Indians may be used for making educational loans and grants to aid students of one-fourth or more degree of Indian blood attending accredited institutions of higher education or other accredited schools offering vocational and technical training who reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs. Such educational loans and grants may be made also to students of one-fourth or more degree of Indian blood who reside near the reservation when a denial of such loans or grants would have a direct effect upon Bureau programs within the reservation. After students meeting these eligibility requirements are taken care of, Indian students who do not meet the residency requirements but are otherwise eligible may be considered.

[33 FR 9708, July 4, 1968. Redesignated at 47 FR 13327, Mar. 30, 1982]

Notes of Decisions

Cited in 3 cases, 1983–1994 · leading case: Diane Zarr v. Earl Barlow, Dir., Off. of Indian Educ. Programs, Bureau of Indian Affairs, 800 F.2d 1484 (9th Cir. 1986).

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Diane Zarr v. Earl Barlow, Dir., Off. of Indian Educ. Programs, Bureau of Indian Affairs, 800 F.2d 1484 (9th Cir. 1986). · cites it 8× “She applied to the BIA for Indian higher education grants, but her application was denied because she does not meet the eligibility criterion under 25 C.F.R. § 40.1 (1986), which provides that an applicant must possess an Indian blood quantum of at least one-quarter degree to be…”

Assiniboine & Sioux Tribes v. State of Mont., 568 F. Supp. 269 (D. Mont. 1983). “23; and educational loans and grants under 25 C.F.R. § 40.1 . Enrollment in the Assiniboine and Sioux Tribes is not taken into account when the Wolf Point and Poplar schools compute their Indian enrollment for purposes of receiving federal funds.”

Greg Malone Gene Malone v. Bureau of Indian Affairs, 38 F.3d 433 (9th Cir. 1994). · cites it 3× “The only published BIA regulation governing eligibility for higher education grants for Native Americans provides that “[flunds appropriated by Congress for the education of Indians may be used for making educational loans and grants to aid students of one-fourth or more degree…”

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