[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR273]

[Page 775-776]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 273_EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT--Table of Contents
 
                      Subpart C_Funding Provisions
 
Sec.  273.34  Use of other Federal, State and local funds.

    (a) Contract funds under this part shall supplement, and not 
supplant, Federal, State and local funds. Each

[[Page 776]]

contract shall require that the use of these contract funds will not 
result in a decrease in State, local, or Federal funds which would be 
made available for Indian students if there were no funds under this 
part.
    (b) State, local and other Federal funds must be used to provide 
comparable services to non-Indian and Indian students prior to the use 
of contract funds.
    (c) Except as hereinafter provided, the school lunch program of the 
United States Department of Agriculture (USDA) shall constitute the only 
federally-funded school lunch program for Indian students in public 
schools. Where Indian students do not qualify to receive free lunches 
under the National School Lunch Program of USDA because such students 
are non-needy and do not meet the family size and income guidelines for 
free USDA lunches, plans prepared pursuant to Sec.  273.18 may provide, 
to the extent of funding available for Johnson-O'Malley programs, for 
free school lunches for those students who do not qualify for free USDA 
lunches but who are eligible students under Sec.  273.12.

[47 FR 57275, Dec. 23, 1982]