§ 3302. Findings

The Congress finds that—

• (1) there are increasing numbers of Indian students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;
• (2) the needs of these students far outpace the resources available currently;
• (3) Indian tribes have shown an increasing interest in administering programs serving these individuals and making decisions on these programs reflecting their determinations of the tribal and human needs;
• (4) the contracting process under the Indian Self-Determination and Education Assistance Act [ 25 U.S.C. 5301 et seq.] has provided a mechanism for the majority of the tribes to assume control over this program from the Bureau of Indian Affairs;
• (5) however, inherent limitations in the contracting philosophy and mechanism, coupled with cumbersome administrative procedures developed by the Bureau of Indian Affairs have effectively limited the efficiency and effectiveness of these programs;
• (6) the provision of these services in the most effective and efficient form possible is necessary for tribes, the country, and the individuals to be served; and
• (7) these services are part of the Federal Government’s continuing trust responsibility to provide education services to American Indian and Alaska Natives.