Higher Education Tribal Grant Authorization Act of 1991

Higher Education Tribal Grant Authorization Act of 1991 - Directs the Secretary of the Interior (the Secretary) to make grants to Indian tribes (tribes) to permit them to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education. Provides that such grants shall come from appropriations for supporting higher education grants for Indian students under the authority of the Snyder Act. Prohibits the Secretary from placing any restrictions not expressly authorized by this Act on the use of funds provided to an Indian tribe under this Act. Provides that this Act shall not affect any Federal trust responsibilities. Prohibits any termination, modification, suspension, or reduction of grants under this Act which is only for the convenience of the administering agency.

Allows any tribe to qualify for such a grant by filing: (1) a notice of intent to administer such a student assistance program, if such tribe obtains funds for educational purposes similar to those authorized in this Act pursuant to a contract under the Indian Self-Determination and Education Assistance Act (ISDEAA) (contracting tribe); or (2) an application for such a grant, if the tribe does not have such an ISDEAA contract (noncontracting tribe), under guidelines for programs under ISDEAA. Presumes an Indian tribe which has qualified for such a grant to continue to be eligible for such a grant for each succeeding fiscal year, unless the Secretary revokes such eligibility for a specified cause, involving failure to submit annual financial statements and program descriptions to the Bureau of Indian Affairs (BIA) or biennial financial audits to the Secretary, or independently evaluated failure to comply with standards relating to eligible students, programs, or institutions of higher education, satisfactory progress, or allowable administrative costs, as determined under ISDEAA contracts. Sets forth procedural safeguards relating to such revocations, including written notice, opportunity and technical assistance to make corrections, and hearing and appeals applicable under ISDEAA.

Directs the Secretary to continue to determine the amount of program funds to be received by each grantee under this Act by the same method used for determining such distribution in FY 1991 for tribally-administered and BIA-administered programs of grants to individual Indians to defray postsecondary expenses. Provides for additional amounts to cover program administrative costs, determined for: (1) contracting tribes, by the method used by the grantee during the preceding ISDEAA contract period; and (2) noncontracting tribes, by the ISDEAA regulations governing such determinations, as in effect at the time of the grant application. Provides for a single grant to each grantee during any fiscal year, combining such program and administrative funds. Requires the grant to be maintained in a separate account.

Requires the tribes to use such grants to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under ISDEAA contracts), to the extent such expense is not met through other sources or cannot be defrayed through the action of any State, Federal, or municipal Act (except that nothing in these provisions is to be interpreted as requiring any priority in consideration of resources). Allows use of such grants also for program administrative costs, within the specified limits. Bars use of grant funds for study at a divinity school or department or for any religious worship or sectarian activity. Sets forth provisions for grant payments.

Requires that interest or any other income on grant funds: (1) be used only for the same purposes as the grants; (2) be the property of the tribe or tribal organization; and (3) not be taken into account by Federal officers or employees in determining whether to provide assistance, or the amount of assistance, under any Federal law. Sets forth requirements relating to investments and deposits of such funds. Provides that such funds shall not be considered for purposes of underrecovery or overrecovery determinations by any Federal agency for any other funds.

Directs the Secretary to report biennially to the Congress on the programs established under this Act, including specified items.

Requires that: (1) grant applications, and application modifications, be reviewed and approved by personnel under the direction and control of the Director of the Office of Indian Education Programs; and (2) required reports be submitted to such personnel.

Requires that specified provisions of the ISDEAA be applicable to grants provided under this Act.

Authorizes the Secretary to issue regulations relating to discharge of duties specifically assigned to the Secretary by this Act. Prohibits the Secretary from issuing regulations in all other matters relating to the details of planning, development, implementation, and evaluation of grants under this Act. Provides that regulations issued under these provisions shall not have the standing of a Federal statute for purposes of judicial review.

Sets forth procedures for retrocession of programs assisted under this Act. Makes any such retrocession requested by a tribe effective on a date specified by the Secretary not more than 120 days after such request, or such later date as may be mutually agreed upon by the Secretary and the tribe. Requires the Secretary, if such program is retroceded, to provide any tribe served by such program at least the same quantity and quality of services. Requires the tribal governing body requesting the retrocession to specify whether the retrocession shall be to: (1) a contract administered by the tribe, or a tribal entity, under the authority of the ISDEAA; or (2) a BIA-administered program.