US (United States) Code. Title 20. Chapter 56: American Indian, Alaska native and native Hawaiian culture

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education. Art development

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-CITE-

20 USC CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND

NATIVE HAWAIIAN CULTURE AND ART DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

.

-HEAD-

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

-MISC1-

Sec.

4401. Findings.

4402. Definitions.

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

4411. Establishment of Institute.

(a) In general.

(b) Succession and amendment of charter.

4412. Board of Trustees.

(a) Composition.

(b) Terms of office.

(c) Vacancies.

(d) Removal.

(e) Chairman and Vice Chairman.

(f) Quorum.

(g) Powers.

(h) Compensation.

(i) Appointment exception for continuity.

4413. Executive Board.

(a) Composition.

(b) Vacancies.

(c) Meetings.

(d) Quorum.

(e) Powers.

4414. General powers of Board.

(a) In general.

(b) Accounting for non-Federal funds.

(c) Interest and investments.

4415. President of Institute.

(a) Appointment.

(b) Compensation.

4416. Staff of Institute.

(a) Exemption from civil service.

(b) Appointment and compensation.

(c) Appeal to Board.

(d) No reduction in classification or compensation.

(e) Leave.

(f) Applicability.

(g) Termination of civil service positions.

(h) Collective bargaining.

(i) Workmen's compensation.

4417. Functions of Institute.

(a) Primary functions.

(b) Administrative entities.

(c) Other programs.

4418. Indian preference.

(a) In general.

(b) Hiring preference.

4419. Nonprofit and nonpolitical nature of Institute.

(a) Stock.

(b) Nonprofit nature.

(c) Nonpolitical nature.

4420. Tax status; tort liability.

(a) Tax status.

(b) Tort liability.

4421. Transfer of functions.

(a) Institute of American Indian Arts.

(b) Certain matters relating to transferred

functions.

(c) References in other laws.

(d) Forgiveness of amounts owed; hold harmless.

4422. Reports.

(a) Annual report.

(b) Budget proposal.

4423. Headquarters.

4424. Compliance with other Acts.

(a) In general.

(b) Criminal laws.

(c) Other Federal assistance.

4425. Endowment programs.

(a) Program enhancement endowment.

(b) Capital improvement endowment.

(c) General administrative provisions.

4426. Provision of facilities.

(a) Plan.

(b) Deadline for transmittal.

SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

4441. Program for Native Hawaiian and Alaska Native culture and

arts development.

(a) In general.

(b) Purpose of grants.

(c) Management of grants.

4442. Administrative provisions.

(a) Payments.

(b) Recovery of overpayments.

(c) Penalties.

SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS

4451. Authorization of appropriations.

(a) Subchapter I.

(b) Subchapter II.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 7512 of this title.

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20 USC Sec. 4401 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

-HEAD-

Sec. 4401. Findings

-STATUTE-

The Congress finds that -

(1) Indian art and culture and Native Hawaiian art and culture

have contributed greatly to the artistic and cultural richness of

the Nation;

(2) Indian art and culture and Native Hawaiian art and culture

occupy a unique position in American history as being our only

native art form and cultural heritage;

(3) the enhancement and preservation of this Nation's native

art and culture has a fundamental positive influence on the

American people;

(4) although the encouragement and support of Indian and Native

Hawaiian arts and crafts are primarily a matter for private,

local, and Indian and Native Hawaiian initiative, it is also an

appropriate matter of concern to the Federal Government;

(5) it is appropriate and necessary for the Federal Government

to support research and scholarship in Indian art and culture and

Native Hawaiian art and culture and to complement programs for

the advancement of such art and culture by tribal, private, and

public agencies and organizations;

(6) current Federal initiatives in the area of Indian art and

culture and Native Hawaiian art and culture are fragmented and

inadequate; and

(7) in order to coordinate the Federal Government's effort to

preserve, support, revitalize, and disseminate Indian art and

culture and Native Hawaiian art and culture, it is desirable to

establish -

(A) a national Institute of American Indian and Alaska Native

Culture and Arts Development, and

(B) a program for Native Hawaiian culture and arts

development.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1502, Oct. 17, 1986, 100 Stat.

1600.)

-MISC1-

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-239, title VII, Sec. 721, May 4, 1994, 108 Stat. 606,

provided that: ''This title (probably should be ''subtitle''

meaning subtitle C (Sec. 721, 722) of title VII of Pub. L. 103-239,

amending section 4441 of this title) may be cited as the 'Alaska

Native Culture and Arts Development Act'.''

SHORT TITLE

Section 1501 of title XV of Pub. L. 99-498 provided that: ''This

title (enacting this chapter) may be cited as the 'American Indian,

Alaska Native, and Native Hawaiian Culture and Art Development

Act'.''

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20 USC Sec. 4402 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

-HEAD-

Sec. 4402. Definitions

-STATUTE-

For the purpose of this chapter -

(1) The term ''Indian art and culture'' includes (but is not

limited to) the traditional and contemporary expressions of

Indian language, history, visual and performing arts, and crafts.

(2) The term ''Native Hawaiian art and culture'' includes the

traditional and contemporary expressions of Native Hawaiian

language, history, visual and performing arts, and crafts.

(3) The term ''Institute'' means the Institute of American

Indian and Alaska Native Culture and Arts Development established

by this chapter.

(4) The term ''Indian'' means any person who is a member of an

Indian tribe.

(5) The term ''Indian tribe'' means any tribe, band, nation, or

other organized group or community of Indians, including any

Alaska Native village (as defined in, or established pursuant to,

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et

seq.)), which is recognized as eligible for special programs and

services provided by the United States to Indians because of

their status as Indians.

(6) The term ''Native Hawaiian'' means any descendent of a

person who, prior to 1778, was a native of the Hawaiian Islands.

(7) The term ''Secretary'' means the Secretary of the Interior.

(8) The term ''Board'' means the Board of Trustees of the

Institute established under this chapter.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1503, Oct. 17, 1986, 100 Stat.

1600.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (5),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

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20 USC SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

.

-HEAD-

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4451 of this title.

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20 USC Sec. 4411 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4411. Establishment of Institute

-STATUTE-

(a) In general

There is hereby established a corporation to be known as the

''Institute of American Indian and Alaska Native Culture and Arts

Development'', which shall be under the direction and control of a

Board of Trustees established under section 4412 of this title.

(b) Succession and amendment of charter

The corporation established under subsection (a) of this section

shall have succession until dissolved by Act of Congress. Only the

Congress shall have the authority to revise or amend the charter of

such corporation.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1504, Oct. 17, 1986, 100 Stat.

1601.)

-MISC1-

AVAILABILITY OF FISCAL YEAR 1988 APPROPRIATIONS

Pub. L. 100-202, Sec. 101(g) (title I, Sec. 100), Dec. 22, 1987,

101 Stat. 1329-213, 1329-228, provided: ''That notwithstanding any

provision of the American Indian, Alaska Native, and Native

Hawaiian Culture and Art Development Act (this chapter), the

amounts appropriated for fiscal year 1988 for the Bureau of Indian

Affairs for the Institute of American Indian Arts shall be

available to operate the Institute until the Board of Regents and

President of the Institute have been named and had an opportunity

to organize, and for use under part A of that Act (this

subchapter).''

AVAILABILITY OF APPROPRIATIONS; IMPLEMENTATION OF CHAPTER; INTERIM

AUTHORITY OF SECRETARY

Pub. L. 99-500, Sec. 101(h) (title I, Sec. 100), Oct. 18, 1986,

100 Stat. 1783-242, 1783-255, and Pub. L. 99-591, Sec. 101(h)

(title I, Sec. 100), Oct. 30, 1986, 100 Stat. 3341-242, 3341-255,

provided: ''That notwithstanding any provision of the American

Indian, Alaska Native, and Native Hawaiian Culture and Art

Development Act (this chapter), the amounts appropriated for fiscal

year 1987 for the Bureau of Indian Affairs for the Institute of

American Indian Arts shall be available for use under part A of

that Act (this subchapter) and -

''(1) that Act shall be implemented in a reasonable period of

time and shall be fully implemented by no later than October 1,

1987,

''(2) until the earlier of -

''(A) October 1, 1987, or

''(B) the appointment and confirmation of a majority of the

members of the Board of Trustees of the Institute of American

Indian and Alaska Native Culture and Arts Development under

section 1505(a)(1)(A) of that Act (20 U.S.C. 4412(a)(1)(A)),

the Secretary of the Interior shall have the authority conferred

upon such members under that Act, and

''(3) until the earlier of -

''(A) October 1, 1987, or

''(B) the appointment of a President of such Institute under

section 1508 of that Act (20 U.S.C. 4415),

the Secretary of the Interior shall have the authority conferred

upon such members under that Act, and

''(3) ((4)) until the earlier of -

''(A) October 1, 1987, or

''(B) the appointment of a President of such Institute under

section 1508 of that Act,

the Secretary of the Interior shall have the authority conferred

upon the President of such Institute under this (that) Act''.

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20 USC Sec. 4412 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4412. Board of Trustees

-STATUTE-

(a) Composition

(1) The Board of Trustees of the Institute shall be composed of

13 voting members and 6 nonvoting members as follows:

(A) Subject to the provisions of subsection (i) of this

section, the voting members shall be appointed by the President

of the United States by and with the advice and consent of the

Senate, not later than 180 days after October 17, 1986, from

among individuals from private life who are Indians, or other

individuals, widely recognized in the field of Indian art and

culture and who represent diverse political views, and diverse

fields of expertise, including finance, law, fine arts, and

higher education administration.

(B) The nonvoting members shall consist of -

(i) 2 Members of the House of Representatives appointed by

the Speaker of the House of Representatives in consultation

with the Minority Leader of the House of Representatives;

(ii) 2 Members of the Senate appointed by the President pro

tempore of the Senate, upon the recommendation of the Majority

Leader and the Minority Leader of the Senate;

(iii) the President of the Institute, ex officio; and

(iv) the president of the student body of the Institute, ex

officio.

(2) In making appointments pursuant to paragraph (1)(A), the

President of the United States shall -

(A) consult with the Indian tribes and the various

organizations of Indians;

(B) publish in the Federal Register an announcement of the

expiration of terms no less than 4 months before such expiration;

(C) solicit nominations from Indian tribes and various Indian

organizations to fill the vacancies;

(D) give due consideration to the appointment of individuals

who will provide appropriate regional and tribal representation

on the Board; and

(E) ensure that a majority of the Board appointed under

paragraph (1)(A) are Indians.

(3) The President shall carry out the activities described in

subparagraphs (B) and (C) of paragraph (2) through the Board. The

Board may make recommendations based upon the nominations received,

may make recommendations of its own, and may review and make

comments to the President or the President's appointed staff on

individuals being considered by the President for whom no

nominations have been received.

(4) Members of Congress appointed under this section, or their

designees, shall be entitled to attend all meetings of the Board

and to provide advice to the Board on any matter relating to the

Institute.

(b) Terms of office

(1) Except as otherwise provided in this section, members shall

be appointed for terms of office of 6 years.

(2) The terms of office on the Board for the Members of the House

of Representatives and of the Senate shall expire at the end of the

congressional term of office during which such Member or Senator

was appointed to the Board.

(3) Of the members of the Board first appointed under subsection

(a)(1)(A) of this section -

(A) 4 shall be appointed for terms of office of 2 years;

(B) 4 shall be appointed for terms of office of 4 years; and

(C) 5 shall be appointed for terms of office of 6 years,

as determined by the drawing of lots during the first meeting of

the Board.

(4) No member of the Board appointed under subsection (a)(1)(A)

of this section shall be eligible to serve in excess of 2

consecutive terms, but may continue to serve until such member's

successor is appointed.

(c) Vacancies

Any member of the Board appointed under subsection (a) of this

section to fill a vacancy occurring before the expiration of the

term to which such member's predecessor was appointed shall be

appointed for the remainder of such term. If the vacancy occurs

prior to the expiration of the term of a member of the Board

appointed under subsection (a)(1)(B) of this section, a replacement

shall be appointed in the same manner in which the original

appointment was made.

(d) Removal

No member of the Board may be removed during the term of office

of such member except for just and sufficient cause.

(e) Chairman and Vice Chairman

The President of the United States shall designate the initial

Chairman and Vice Chairman of the Board from among the members of

the Board appointed pursuant to subsection (a)(1)(A) of this

section. Such Chairman and Vice Chairman so designated shall serve

for 12 calendar months. Thereafter, the Chairman and Vice Chairman

shall be elected from among the members of the Board appointed

pursuant to subsection (a)(1)(A) of this section and shall serve

for terms of 2 years. In the case of a vacancy in the office of

Chairman or Vice Chairman, such vacancy shall be filled by the

members of the Board appointed pursuant to subsection (a)(1)(A) of

this section, and the member filling such vacancy shall serve for

the remainder of the unexpired term.

(f) Quorum

Unless otherwise provided by the bylaws of the Institute, a

majority of the members appointed under subsection (a)(1)(A) of

this section shall constitute a quorum.

(g) Powers

The Board is authorized -

(1) to formulate the policy of the Institute;

(2) to direct the management of the Institute; and

(3) to make such bylaws and rules as it deems necessary for the

administration of its functions under this chapter, including the

organization and procedures of the Board.

(h) Compensation

Members of the Board appointed pursuant to subsection (a)(1)(A)

of this section shall, for each day they are engaged in the

performance of the duties under this chapter, receive compensation

at the rate of $125 per day, including traveltime. All members of

the Board, while so serving away from their homes or regular places

of business, shall be allowed travel expenses (including per diem

in lieu of subsistence), as authorized by section 5703 of title 5

for persons in Government service employed intermittently.

(i) Appointment exception for continuity

(1) In order to maintain the stability and continuity of the

Board, the Board shall have the power to recommend the continuation

of members on the Board pursuant to the provisions of this

subsection. When the Board makes such a recommendation, the

Chairman of the Board shall transmit the recommendation to the

President no later than 75 days prior to the expiration of the term

of the member.

(2) If the President has not transmitted to the Senate a

nomination to fill the position of a member covered by such a

recommendation within 60 days from the date that the member's term

expires, the member shall be deemed to have been reappointed for

another full term to the Board, with all the appropriate rights and

responsibilities.

(3) This subsection shall not be construed to permit less than 7

members of the Board to be Indians. If an extension of a term under

paragraph (2) would result in less than 7 members being Indians,

the term of the member covered by paragraph (2) shall be deemed to

expire 60 days after the date upon which it would have been deemed

to expire without the operation of this subsection, except that the

provisions of subsection (b)(4) of this section, relating to

continuation of service pending replacement, shall continue to

apply.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1505, Oct. 17, 1986, 100 Stat.

1601; Pub. L. 102-325, title XIII, Sec. 1331(a), July 23, 1992, 106

Stat. 805.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1)(A). Pub. L. 102-325, Sec. 1331(a)(1),

substituted ''Subject to the provisions of subsection (i) of this

section, the voting'' for ''The voting'' and inserted before period

at end '', and diverse fields of expertise, including finance, law,

fine arts, and higher education administration''.

Subsec. (a)(3), (4). Pub. L. 102-325, Sec. 1331(a)(2), (3), added

par. (3) and redesignated former par. (3) as (4).

Subsec. (i). Pub. L. 102-325, Sec. 1331(a)(4), added subsec. (i)

and struck out former subsec. (i) which read as follows: ''(i)

Review by Secretary of the Interior. - For so long as any employee

of the Institute is covered under title 5, the Board (acting by

majority vote) shall submit final decisions relating to personnel

to the Secretary of the Interior. Each such decision shall become

final 30 days after the date of its receipt by the Secretary unless

the Secretary disapproves of such decision. The Secretary may only

disapprove a decision of the Board for just cause.''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-TRANS-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Feb. 22, 1991, 56

F.R. 8099, provided:

Memorandum for the Chairman of the Board of Trustees of the

Institute of American Indian and Alaska Native Culture and Arts

Development

By the authority vested in me as President of the United States

by section 301 of Title 3 of the United States Code, I hereby

delegate to the Chairman of the Board of Trustees of the Institute

of American Indian and Alaska Native Culture and Arts Development

the responsibility under section 1505(a)(2)(B) of P.L. 99-498 (20

U.S.C. 4412(a)(2)(B)) to publish in the Federal Register an

announcement of the expiration of the terms of the presidentially

appointed members of the Board of Trustees of the Institute of

American Indian and Alaska Native Culture and Arts Development no

less than 4 months prior to their expiration. The authority

delegated by this memorandum may be further redelegated within the

Institute.

The delegation of authority to the Secretary of the Interior by

memorandum of June 22, 1988, is hereby rescinded.

This memorandum shall be published in the Federal Register.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4411 of this title.

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20 USC Sec. 4413 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4413. Executive Board

-STATUTE-

(a) Composition

The Board shall have an Executive Board composed of -

(1) the chairman of the Board;

(2) the vice chairman of the Board;

(3) the secretary of the Board;

(4) the treasurer of the Board; and

(5) an at-large member of the Board elected by the Board at its

initial meeting.

(b) Vacancies

In the case of any vacancy which occurs in the position of

at-large member before the expiration of such member's term, the

Board shall elect a replacement to complete that term.

(c) Meetings

The Executive Board shall hold not more than 4 regular meetings

per calendar year. Special meetings may be held upon the call of

the chairman or 3 members of the Executive Board.

(d) Quorum

A majority of the Executive Board shall constitute a quorum.

(e) Powers

The Executive Board may hold and use all the powers of the Board,

subject to the approval of the Board.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1506, Oct. 17, 1986, 100 Stat.

1603.)

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20 USC Sec. 4414 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4414. General powers of Board

-STATUTE-

(a) In general

In carrying out the provisions of this chapter, the Board shall

have the power, consistent with the provisions of this chapter -

(1) to adopt, use, and alter a corporate seal;

(2) to make agreements and contracts with persons, Indian

tribes, and private or governmental entities and to make payments

or advance payments under such agreements or contract (FOOTNOTE

1) without regard to section 3324 of title 31;

(FOOTNOTE 1) So in original. Probably should be ''contracts''.

(3) any other provision of law to the contrary notwithstanding,

to enter into joint development ventures with public or private

commercial or noncommercial entities for development of

facilities to meet the plan required under section 4426 of this

title, if the ventures are related to and further the mission of

the Institute;

(4) to sue and be sued in its corporate name and to complain

and defend in any court of competent jurisdiction;

(5) to represent itself, or to contract for representation, in

all judicial, legal, and other proceedings;

(6) with the approval of the agency concerned, to make use of

services, facilities, and property of any board, commission,

independent establishment, or executive agency or department of

the executive branch in carrying out the provisions of this

chapter and to pay for such use (such payments to be credited to

the applicable appropriation that incurred the expense);

(7) to use the United States mails on the same terms and

conditions as the executive departments of the United States

Government;

(8) to obtain the services of experts and consultants in

accordance with the provisions of section 3109 of title 5 and to

accept and utilize the services of voluntary and noncompensated

personnel and reimburse them for travel expenses, including per

diem, as authorized by section 5703 of title 5;

(9) to solicit, accept, and dispose of gifts, bequests, devises

of money, securities, and other properties of whatever character,

for the benefit of the Institute;

(10) to receive grants from, and enter into contracts and other

arrangements with, Federal, State, or local governments, public

and private agencies, organizations, institutions, and

individuals;

(11) to acquire, hold, maintain, use, operate, and dispose of

such real property, including improvements thereon, personal

property, equipment, and other items, as may be necessary to

enable the Board to carry out the purpose of this chapter;

(12) to the extent not already provided by law, to obtain

insurance to cover all activities of the Institute, including

coverage relating to property and liability, or make other

provisions against losses;

(13) to use any funds or property received by the Institute to

carry out the purpose of this chapter, including the authority to

designate on an annual basis a portion, not to exceed 10 percent,

of the funds appropriated pursuant to section 4451 of this title

for investment, without regard to any other provision of law

regarding investment or disposition of federally appropriated

funds, on a short-term basis for the purpose of maximizing yield

and liquidity of such funds; and

(14) to exercise all other lawful powers necessarily or

reasonably related to the establishment of the Institute in order

to carry out the provisions of this chapter and the exercise of

the powers, purposes, functions, duties, and authorized

activities of the Institute.

(b) Accounting for non-Federal funds

Any funds received by, or under the control of, the Institute

that are not Federal funds shall be accounted for separately from

Federal funds.

(c) Interest and investments

Interest and earnings on amounts received by the Institute

pursuant to section 4451 of this title invested under subsection

(a)(12) (FOOTNOTE 2) of this section shall be the property of the

Institute and shall be expended to carry out this chapter. The

Board shall be held to a reasonable and prudent standard of care,

given such information and circumstances as existed when the

decision is made, in decisions involving investment of funds under

subsection (a)(12) (FOOTNOTE 2) of this section.

(FOOTNOTE 2) See References in Text note below.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1507, Oct. 17, 1986, 100 Stat.

1603; Pub. L. 100-297, title V, Sec. 5406(e), Apr. 28, 1988, 102

Stat. 418; Pub. L. 101-644, title V, Sec. 501, Nov. 29, 1990, 104

Stat. 4668; Pub. L. 102-325, title XIII, Sec. 1331(b), July 23,

1992, 106 Stat. 806; Pub. L. 103-208, Sec. 2(l), Dec. 20, 1993, 107

Stat. 2486.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (a)(12) of this section, referred to in subsec. (c),

was redesignated subsec. (a)(13) of this section, repealed, and a

new subsec. (a)(13) added by Pub. L. 102-325, title XIII, Sec.

1331(b)(1)(A), (C), July 23, 1992, 106 Stat. 806, and former

subsec. (a)(11) of this section was redesignated subsec. (a)(12).

-MISC2-

AMENDMENTS

1993 - Subsec. (a)(12). Pub. L. 103-208 substituted semicolon for

period at end.

1992 - Subsec. (a)(2). Pub. L. 102-325, Sec. 1331(b)(1)(B), added

par. (2) and struck out former par. (2) which read as follows: ''to

make agreements and contracts with persons, Indian tribes, and

private or governmental entities and to make payments or advance

payments under such agreements or contracts without regard to

section 3324 of title 31;''.

Subsec. (a)(3) to (12). Pub. L. 102-325, Sec. 1331(b)(1)(A), (B),

added par. (3) and redesignated former pars. (3) to (11) as (4) to

(12), respectively. Former par. (12) redesignated (13).

Subsec. (a)(13). Pub. L. 102-325, Sec. 1331(b)(1)(C), added par.

(13) and struck out former par. (13) which read as follows: ''to

use any funds or property received by the Institute to carry out

the purpose of this chapter; and''.

Pub. L. 102-325, Sec. 1331(b)(1)(A), redesignated par. (12) as

(13). Former par. (13) redesignated (14).

Subsec. (14). Pub. L. 102-325, Sec. 1331(b)(1)(A), redesignated

par. (13) as (14).

Subsec. (c). Pub. L. 102-325, Sec. 1331(b)(2), substituted

''shall be expended'' for ''may be expended''.

1990 - Subsec. (a)(11). Pub. L. 101-644, Sec. 501(b), amended

par. (11) generally. Prior to amendment, par. (11) read as

follows: ''to obtain insurance or make other provisions against

losses;''.

Subsec. (c). Pub. L. 101-644, Sec. 501(a), added subsec. (c).

1988 - Pub. L. 100-297 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

-CITE-

20 USC Sec. 4415 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4415. President of Institute

-STATUTE-

(a) Appointment

The Institute shall have a President who shall be appointed by

the Board. The President of the Institute shall serve as the chief

executive officer of the Institute. Subject to the direction of the

Board and the general supervision of the Chairman of the Board, the

President of the Institute shall have the responsibility for

carrying out the policies and functions of the Institute and shall

have authority over all personnel and activities of the Institute.

(b) Compensation

The President of the Institute shall be paid at a rate not to

exceed the maximum rate of basic pay payable for grade GS-18 of the

General Schedule.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1508, Oct. 17, 1986, 100 Stat.

1604.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 4416 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4416. Staff of Institute

-STATUTE-

(a) Exemption from civil service

Except as otherwise provided in this section, title 5 shall not

apply to the Institute.

(b) Appointment and compensation

(1) The President of the Institute, with the approval of the

Board, shall have the authority to appoint, fix the compensation of

(including health and retirement benefits), and prescribe the

duties of, such officers and employees as the President of the

Institute deems necessary for the efficient administration of the

Institute.

(2) The President of the Institute shall fix the basic

compensation for officers and employees of the Institute at rates

comparable to the rates in effect under the General Schedule for

individuals with comparable qualifications and positions, to whom

chapter 51 of title 5 applies. If the Board determines that such

action is necessary for purposes of recruitment or retention of

officers or employees necessary to the functions of the Institute,

the Board is authorized, by formal action, to establish a rate of,

or a range for, basic compensation that is comparable to the rate

of compensation paid to officers or employees having similar duties

and responsibilities in other institutions of higher education.

(3)(A) Not later than 180 days after the President of the

Institute is appointed, the President of the Institute shall make

policies and procedures governing -

(i) the establishment of positions at the Institute,

(ii) basic compensation for such positions (including health

and retirement benefits),

(iii) entitlement to compensation,

(iv) conditions of employment,

(v) discharge from employment,

(vi) the leave system, and

(vii) such other matters as may be appropriate.

(B) Rules and regulations promulgated with respect to discharge

and conditions of employment shall require -

(i) that procedures be established for the rapid and equitable

resolution of grievances of such individuals; and

(ii) that no individual may be discharged without notice of the

reasons therefor and an opportunity for a hearing under

procedures that comport with the requirements of due process.

(c) Appeal to Board

Any officer or employee of the Institute may appeal to the Board

any determination by the President of the Institute to not

re-employ or to discharge such officer or employee. Upon appeal,

the Board may, in writing, overturn the determination of the

President of the Institute with respect to the employment of such

officer or employee.

(d) No reduction in classification or compensation

Individuals who elect to remain civil service employees shall be

transferred in accordance with applicable laws and regulations

relating to the transfer of functions and personnel, except that

any such transfer shall not result in a reduction in classification

or compensation with respect to any such individual for at least

one year after the date on which such transfer occurs.

(e) Leave

(1) Any individual who -

(A) elects under subsection (g) of this section to be covered

under the provisions of this section, or

(B) is an employee of the Federal Government and is transferred

or reappointed, without a break in service, from a position under

a different leave system to the Institute,

shall be credited for purposes of the leave system provided under

rules and regulations promulgated pursuant to subsection (b) of

this section, with the annual and sick leave to the credit of such

individual immediately before the effective date of such election,

transfer, or reappointment.

(2) Upon termination of employment with the Institute, any annual

leave remaining to the credit of an individual within the purview

of this section shall be liquidated in accordance with sections

5551(a) and 6306 of title 5, except that leave earned or accrued

under rules and regulations promulgated pursuant to subsection (b)

of this section shall not be so liquidated.

(3) In the case of any individual who is transferred, promoted,

or reappointed, without break in service, to a position in the

Federal Government under a different leave system, any remaining

leave to the credit of such person earned or credited under the

rules and regulations promulgated pursuant to subsection (b) of

this section shall be transferred to the credit of such individual

in the employing agency on an adjusted basis in accordance with the

rules and regulations which shall be promulgated by the Office of

Personnel Management.

(f) Applicability

(1) This section shall apply to any individual appointed after

October 17, 1986, for employment in the Institute. Except as

provided in subsections (d) and (g) of this section, the enactment

of this chapter shall not affect -

(A) the continued employment of any individual employed before

October 17, 1986; or

(B) such individual's right to receive the compensation

attached to such position.

(2) This section shall not apply to an individual whose services

are procured by the Institute pursuant to a written procurement

contract.

(3) This section shall not apply to employees of an entity

performing services pursuant to a written contract with the

Institute.

(g) Termination of civil service positions

(1) On June 30, 1989, any position at the Institute which is

occupied by an individual in the civil service shall terminate.

During such period, such individual may make an irrevocable

election to be covered under the provisions of this section, except

that any such individual who is subject to subchapter III of

chapter 83 of title 5 may elect to continue to be subject to such

subchapter, and any such individual who is subject to chapter 84 of

such title may elect to continue to be subject to such chapter.

(2) Any individual who makes an election under paragraph (1) to

continue to be subject to subchapter III of chapter 83 of title 5

or chapter 84 of such title shall, so long as continually employed

by the Institute without a break in service subject to such

subchapter or such chapter 84, as the case may be, continue to be

treated as an employee subject to such subchapter or such chapter

84, as the case may be. Employment by the Institute without a

break of continuity in service shall be considered to be employment

by the United States Government for the purpose of such subchapter

or such chapter 84, as the case may be. The Institute shall be

responsible for making the contributions required to be made by an

employing agency under such subchapter or such chapter 84, as the

case may be.

(h) Collective bargaining

The Institute shall be considered an agency for the purpose of

chapter 71 of title 5.

(i) Workmen's compensation

Employees of the Institute shall receive compensation for work

injuries and illnesses in accordance with chapter 81 of title 5.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1509, Oct. 17, 1986, 100 Stat.

1604; Pub. L. 100-297, title V, Sec. 5406(a), Apr. 28, 1988, 102

Stat. 417; Pub. L. 102-325, title XIII, Sec. 1331(c), July 23,

1992, 106 Stat. 806; Pub. L. 103-382, title III, Sec. 386(a), Oct.

20, 1994, 108 Stat. 4020.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b)(2), is set out

under section 5332 of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1994 - Subsec. (f). Pub. L. 103-382 amended heading and text of

subsec. (f) generally. Prior to amendment, text read as follows:

''This section shall apply to any individual appointed after

October 17, 1986, for employment in the Institute. Except as

provided in subsections (d) and (g) of this section, the enactment

of this chapter shall not affect -

''(1) the continued employment of any individual employed

immediately before October 17, 1986, or

''(2) such individual's right to receive the compensation

attached to such position.''

1992 - Subsec. (b)(2). Pub. L. 102-325 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

President of the Institute shall fix the basic compensation for

officers and employees of the Institute at rates comparable to the

rates in effect under the General Schedule for individuals with

comparable qualifications, and holding comparable positions, to

whom chapter 51 of title 5 applies.''

1988 - Subsec. (g)(1). Pub. L. 100-297 substituted ''On June 30,

1989'' for ''At the end of the 2-year period beginning on the date

referred to in section 4421(f) of this title''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4418 of this title.

-CITE-

20 USC Sec. 4417 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4417. Functions of Institute

-STATUTE-

(a) Primary functions

The primary functions of the Institute shall be -

(1) to provide scholarly study of, and instruction in, Indian

art and culture, and

(2) to establish programs which culminate in the awarding of

degrees in the various fields of Indian art and culture.

(b) Administrative entities

(1) The Board shall be responsible for establishing the policies

and internal organization that relate to the control and monitoring

of all subdivisions, administrative entities, and departments of

the Institute.

(2) The specific responsibilities of each subdivision, entity,

and department of the Institute are solely within the discretion of

the Board, or its designee.

(3) The Board shall establish, within the Institute, departments

for the study of culture and arts and for research and exchange,

and a museum. The Board shall establish the areas of competency

for the departments created under this paragraph, which may include

(but are not limited to) Departments of Arts and Sciences, Visual

Arts, Performing Arts, Language, Literature and Museology and a

learning resources center, programs of institutional support and

development, research programs, fellowship programs, seminars,

publications, scholar-in-residence programs and inter-institutional

programs of cooperation at national and international levels.

(c) Other programs

In addition to the centers and programs described in subsection

(b) of this section, the Institute shall develop such programs and

centers as the Board determines are necessary to -

(1) foster research and scholarship in Indian art and culture

through -

(A) resident programs;

(B) cooperative programs; and

(C) grant programs;

(2) complement existing tribal programs for the advancement of

Indian art and culture; and

(3) coordinate efforts to preserve, support, revitalize, and

develop evolving forms of Indian art and culture.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1510, Oct. 17, 1986, 100 Stat.

1606; Pub. L. 101-644, title V, Sec. 502, Nov. 29, 1990, 104 Stat.

4668; Pub. L. 102-325, title XIII, Sec. 1331(d), July 23, 1992, 106

Stat. 807.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-325 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''There shall be established within the Institute -

''(1) a Center for Culture and Art Studies to be administered

by a director (appointed by the President of the Institute, with

the approval of the Board), which shall include (but not be

limited to) Departments of Arts and Sciences, Visual Arts,

Performing Arts, Language, Literature, and Museology;

''(2) a Center for Research and Cultural Exchange, administered

by a director (appointed by the President of the Institute, with

the approval of the Board), which shall include -

''(A) a learning resources center;

''(B) programs of institutional support and development;

''(C) research programs;

''(D) fellowship programs;

''(E) seminars;

''(F) publications;

''(G) scholar-in-residence and artist-in-residence programs;

and

''(H) inter-institutional programs of cooperation at national

and international levels; and

''(3) a Museum of American Indian and Alaska Native Arts, which

shall be under the direction of the President of the Institute.''

1990 - Subsec. (b)(2). Pub. L. 101-644, Sec. 502(1), redesignated

subpars. (B) to (I) as (A) to (H), respectively, and struck out

former subpar. (A) which related to a museum of Indian arts.

Subsec. (b)(3). Pub. L. 101-644, Sec. 502(2)-(4), added par. (3).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4441 of this title.

-CITE-

20 USC Sec. 4418 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4418. Indian preference

-STATUTE-

(a) In general

Notwithstanding any other provision of Federal or State law, the

Institute is authorized to develop a policy or policies for the

Institute to extend preference to Indians in -

(1) admissions to, and enrollment in, programs conducted by the

Institute,

(2) employment by the Institute, and

(3) contracts, fellowships, and grants awarded by the

Institute.

(b) Hiring preference

In carrying out section 4416(b)(1) of this title, the President

of the Institute shall, to the maximum extent practicable, give

preference in hiring to Indians.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1511, Oct. 17, 1986, 100 Stat.

1607; Pub. L. 102-325, title XIII, Sec. 1331(e), July 23, 1992, 106

Stat. 807.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-325 inserted ''develop a policy

or policies for the Institute to'' after ''is authorized to''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-CITE-

20 USC Sec. 4419 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4419. Nonprofit and nonpolitical nature of Institute

-STATUTE-

(a) Stock

The Institute shall have no power to issue any shares of stock or

to declare or pay any dividends.

(b) Nonprofit nature

No part of the income or assets of the Institute shall inure to

the benefit of any director, officer, employee, or any other

individual except as salary or reasonable compensation for

services.

(c) Nonpolitical nature

The Institute may not contribute to, or otherwise support, any

political party or candidate for elective public office.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1512, Oct. 17, 1986, 100 Stat.

1607.)

-CITE-

20 USC Sec. 4420 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4420. Tax status; tort liability

-STATUTE-

(a) Tax status

The Institute and the franchise, capital, reserves, income, and

property of the Institute shall be exempt from all taxation now or

hereafter imposed by the United States, by any Indian tribe, or by

any State or political subdivision thereof.

(b) Tort liability

(1) The Institute shall be subject to liability relating to tort

claims only to the extent a Federal agency is subject to such

liability under chapter 171 of title 28.

(2) For purposes of chapter 171 of title 28, the Institute shall

be treated as a Federal agency (within the meaning of section 2671

of such title).

(3) For purposes of chapter 171 of title 28, the President of the

Institute shall be deemed the head of the Agency.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1513, Oct. 17, 1986, 100 Stat.

1608; Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1818.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-446 inserted ''; tort liability'' in section

catchline, designated existing provisions as subsec. (a) and

inserted heading, and added subsec. (b).

-CITE-

20 USC Sec. 4421 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4421. Transfer of functions

-STATUTE-

(a) Institute of American Indian Arts

There are hereby transferred to the Institute of American Indian

and Alaska Native Culture and Art Development, and such Institute

shall perform, the functions of the Institute of American Indian

Arts established by the Secretary in 1962.

(b) Certain matters relating to transferred functions

(1) Subject to subsection (d) of this section, all personnel,

liabilities, contracts, real property (including the collections of

the museum located on the site known as the ''Santa Fe Indian

School'' but not the museum building), personal property, assets,

and records as are determined by the Director of the Office of

Management and Budget to be employed, held, or used primarily in

connection with any function transferred under the provisions of

this chapter (regardless of the administrative entity providing the

services on the date before the transfer) shall be transferred to

the Institute.

(2) Personnel engaged in functions transferred by this chapter

shall be transferred in accordance with applicable laws and

regulations relating to the transfer of functions, except that such

transfer shall be without reduction in classification or

compensation for one year after such transfer.

(c) References in other laws

All laws and regulations relating to the Institute of American

Indian Arts established by the Secretary in 1962 shall, insofar as

such laws and regulations are appropriate, and not inconsistent

with the provisions of this chapter, remain in full force and

effect and apply with respect to the Institute. All references in

any other Federal law to the Institute of American Indian Arts, or

any officer transferred to the Institute of American Indian and

Alaska Native Culture and Arts Development under subsection (b) of

this section, shall be deemed to refer to the Institute of American

Indian and Alaska Native Culture and Arts Development or an officer

of the Institute of American Indian and Alaska Native Culture and

Arts Development.

(d) Forgiveness of amounts owed; hold harmless

(1) Subject to paragraph (2) -

(A) the Institute shall be responsible for all obligations of

the Institute incurred after June 2, 1988, and

(B) the Secretary shall be responsible for all obligations of

the Institute incurred on or before June 2, 1988, including those

which accrued by reason of any statutory, contractual, or other

reason prior to June 2, 1988, which became payable within two

years of June 2, 1988.

(2) With respect to all programs of the Federal Government, in

whatever form or from whatever source derived, the Institute shall

only be held responsible for actions and requirements, either

administrative, regulatory, or statutory in nature, for events

which occurred after July 1, 1988, including the submission of

reports, audits, and other required information. The United States

may not seek any monetary damages or repayment for the commission

of events, or omission to comply with either administrative or

regulatory requirements, for any action which occurred prior to

June 2, 1988.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1514, Oct. 17, 1986, 100 Stat.

1608; Pub. L. 100-153, Sec. 8, Nov. 5, 1987, 101 Stat. 887; Pub. L.

100-297, title V, Sec. 5406(d), Apr. 28, 1988, 102 Stat. 418; Pub.

L. 101-644, title V, Sec. 503, Nov. 29, 1990, 104 Stat. 4669; Pub.

L. 102-325, title XIII, Sec. 1331(f), July 23, 1992, 106 Stat.

807.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(1). Pub. L. 102-325, Sec. 1331(f)(1),

substituted ''Subject to subsection (d) of this section, all

personnel'' for ''All personnel''.

Subsec. (d)(2). Pub. L. 102-325, Sec. 1331(f)(2), substituted

''monetary damages'' for ''monetary damage''.

1990 - Subsec. (d). Pub. L. 101-644, Sec. 503, added subsec. (d)

and struck out former subsec. (d) which read as follows: ''Unless

the Board provides otherwise, the Secretary of the Interior shall,

until October 1, 1989, provide such technical and support

assistance to the Institute as the Secretary determines reasonable

or necessary to assist the Institute. Such assistance shall include

audit, accounting, computer services, and building and maintenance

services.''

Subsecs. (e), (f). Pub. L. 101-644, Sec. 503(1), struck out

subsec. (e) which related to completion of transfers, final date of

control of Institute by Secretary, payment of unexpended or

unobligated funds, and responsibility for subsequently incurred

obligations, and subsec. (f) which related to contract with

University of New Mexico, terms of contract, and composition of

advisory council.

1988 - Subsec. (e)(3), (4). Pub. L. 100-297 added pars. (3) and

(4).

1987 - Subsec. (d). Pub. L. 100-153, Sec. 8(1), (2), substituted

''Unless the Board provides otherwise'' for ''During the 2-year

period beginning on the date referred to in subsection (f) of this

section'' and inserted '', until October 1, 1989,'' after

''Secretary of the Interior shall''.

Subsec. (e). Pub. L. 100-153, Sec. 8(3), added subsec. (e) and

struck out former subsec. (e) which read as follows: ''During the

period beginning on October 17, 1986, and ending on the date

referred to in subsection (f) of this section, the Advisory Board

for Institute of American Indian Arts shall continue to act in an

advisory role for the Board and the Institute of American Indian

and Alaska Native Culture and Arts Development.''

Subsec. (f). Pub. L. 100-153, Sec. 8(3), added subsec. (f) and

struck out former subsec. (f) which read as follows: ''The

provisions of this section (other than subsection (e) of this

section) shall take effect on October 1, 1986.''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

-CITE-

20 USC Sec. 4422 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4422. Reports

-STATUTE-

(a) Annual report

The President of the Institute shall submit an annual report to

the Congress and to the Board concerning the status of the

Institute during the 12 calendar months preceding the date of the

report. Such report shall include, among other matters, a detailed

statement of all private and public funds, gifts, and other items

of a monetary value received by the Institute during such 12-month

period and the disposition thereof as well as any recommendations

for improving the Institute.

(b) Budget proposal

(1) After September 30, 1988 and for each fiscal year thereafter,

the Board shall submit a budget proposal to the Congress.

(2) A budget proposal under this subsection shall be submitted

not later than April 1 of each calendar year and shall propose a

budget for the Institute for the 2 fiscal years succeeding the

fiscal year during which such proposal is submitted.

(3) In determining the amount of funds to be appropriated to the

Institute on the basis of such proposals, the Congress shall not

consider the amount of private fundraising or bequests made on

behalf of the Institute during any preceding fiscal year.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1515, Oct. 17, 1986, 100 Stat.

1609; Pub. L. 100-297, title V, Sec. 5406(f), Apr. 28, 1988, 102

Stat. 418; Pub. L. 102-325, title XIII, Sec. 1331(g), July 23,

1992, 106 Stat. 807.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-325 redesignated pars. (2) to (4)

as (1) to (3), respectively, and struck out former par. (1) which

read as follows: ''Prior to October 1, 1988, the Board shall submit

a budget proposal to the Secretary of the Interior. The Secretary

shall submit that proposal to the Congress.''

1988 - Subsec. (b)(1). Pub. L. 100-297, Sec. 5406(f)(1),

substituted ''Prior to October 1, 1988'' for ''During the 2-year

period beginning on the date referred to in section 4421(f) of this

title''.

Subsec. (b)(2). Pub. L. 100-297, Sec. 5406(f)(2), substituted

''September 30, 1988'' for ''the period described in paragraph

(1)''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to submitting an annual report to

Congress, and provisions in subsec. (b) of this section relating to

submitting annual budget proposal to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 201 of House Document No.

103-7.

-CITE-

20 USC Sec. 4423 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4423. Headquarters

-STATUTE-

Santa Fe, New Mexico, shall be maintained as the location for the

Institute of Indian and Alaska Native Culture and Arts Development.

To facilitate this action and the continuity of programs being

provided at the Institute of American Indian Arts, the Board may

enter into negotiations with State and local governments for such

exchanges or transfers of lands and such other assistance as may be

required.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1516, Oct. 17, 1986, 100 Stat.

1609; Pub. L. 102-325, title XIII, Sec. 1331(h), July 23, 1992, 106

Stat. 807.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-325 struck out ''The site of the Institute of

American Indian Arts, at'' before ''Santa Fe, New Mexico'' and

substituted ''the Board may enter'' for ''the Secretary may

enter''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-CITE-

20 USC Sec. 4424 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4424. Compliance with other Acts

-STATUTE-

(a) In general

The Institute shall comply with the provisions of -

(1) Public Law 95-341 (42 U.S.C. 1996 (, 1996a)), popularly

known as the American Indian Religious Freedom Act,

(2) the Archeological Resources Protection Act of 1979 (16

U.S.C. 470aa et seq.), and

(3) the National Historic Preservation Act (16 U.S.C. 470 et

seq.).

(b) Criminal laws

All Federal criminal laws relating to larceny, embezzlement, or

conversion of the funds or the property of the United States shall

apply to the funds and property of the Institute.

(c) Other Federal assistance

(1) Funds received by the institute (FOOTNOTE 1) pursuant to this

chapter (FOOTNOTE 2) shall not be regarded as Federal money for

purposes of meeting any matching requirements for any Federal

grant, contract or cooperative agreement.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(FOOTNOTE 2) See References in Text note below.

(2) The Institute shall not be subject to any provision of law

requiring that non-Federal funds or other moneys be used in part to

fund any grant, contract, cooperative agreement, or project as a

condition to the application for, or receipt of, Federal

assistance. This subsection shall not be construed to effect

(FOOTNOTE 3) in a negative fashion the review, prioritization, or

acceptance of any application or proposal for such a program,

solicited or unsolicited.

(FOOTNOTE 3) So in original. Probably should be ''affect''.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1517, Oct. 17, 1986, 100 Stat.

1609; Pub. L. 101-644, title V, Sec. 504, Nov. 29, 1990, 104 Stat.

4669; Pub. L. 102-325, title XIII, Sec. 1331(i), July 23, 1992, 106

Stat. 808.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 95-341, popularly known as the American Indian

Religious Freedom Act, referred to in subsec. (a)(1), is Pub. L.

95-341, Aug. 11, 1978, 92 Stat. 469, as amended, which is

classified to sections 1996 and 1996a of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 1996 of Title 42

and Tables.

The Archaeological Resources Protection Act of 1979, referred to

in subsec. (a)(2), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721,

which is classified generally to chapter 1B (Sec. 470aa et seq.) of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title note set out under section 470aa of Title

16 and Tables.

The National Historic Preservation Act, referred to in subsec.

(a)(3), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,

which is classified generally to subchapter II (Sec. 470 et seq.)

of chapter 1A of Title 16. For complete classification of this Act

to the Code, see section 470(a) of Title 16 and Tables.

This chapter, referred to in subsec. (c)(1), was in the original

''this Act'' and was translated as reading ''this title'', meaning

title XV of Pub. L. 99-498 to reflect the probable intent of

Congress.

-MISC2-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-325 designated existing

provisions as par. (1) and added par. (2).

1990 - Subsec. (c). Pub. L. 101-644 added subsec. (c).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-CITE-

20 USC Sec. 4425 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4425. Endowment programs

-STATUTE-

(a) Program enhancement endowment

(1)(A) From the total amount appropriated for this subsection

pursuant to section 4451(a) of this title, funds may be deposited

into a trust fund maintained by the Institute at a federally

insured banking or savings institution.

(B) The President of the Institute shall provide -

(i) for the deposit into the trust fund referred to in

subparagraph (A) -

(I) of a capital contribution by the Institute in an amount

equal to the amount of each Federal contribution; and

(II) any earnings on the funds deposited under this

paragraph; or

(ii) for the reservation for the sole use of the Institute of

any noncash, in-kind contributions of real or personal property,

which property may at any time be converted to cash, which shall

be deposited as a capital contribution into the trust fund

referred to in subparagraph (A).

(C) If at any time the Institute withdraws any capital

contribution (as described in subparagraph (B)(i)) made by the

Institute to the trust fund referred to in subparagraph (A) or puts

any property (as described in subparagraph (B)(ii)) to a use which

is not for the sole benefit of the Institute, an amount equal to

the value of the Federal contribution shall be withdrawn from such

trust fund and returned to the Treasury as miscellaneous receipts.

(2) Interest deposited into the trust fund pursuant to paragraph

(1)(B)(ii) may be periodically withdrawn and used, at the direction

of the Board or its designee, to defray any expense associated with

the operation of the Institute, including the expense of operations

and maintenance, administration, academic and support personnel,

community and student services programs, and technical assistance.

(3) For the purpose of complying with the contribution

requirement of paragraph (1)(B), the Institute may use funds or

in-kind contributions of real or personal property fairly valued

which are made available from any private or tribal source,

including interest earned by the funds invested under this

subsection. In-kind contributions shall be other than fully

depreciable property or property which is designated for addition

to the permanent collection of the Museum and shall be valued

according to the procedures established for such purpose by the

Secretary of the Treasury. For purposes of this paragraph, all

contributions, including in-kind and real estate, which are on-hand

as of November 29, 1990 and which have been received after June 2,

1988, but which have not been included in computations under this

provision shall be eligible for matching with Federal funds

appropriated in any fiscal year. All funds transferred to the

Institute by the Secretary of the Treasury after June 2, 1988,

shall be deemed to have been properly transferred as of July 23,

1992.

(4) Amounts appropriated under section 4451(a) of this title for

use under this subsection shall be paid by the Secretary of the

Treasury to the Institute as a Federal capital contribution equal

to the amount of funds or the value of the in-kind contributions

which the Institute demonstrates have been placed within the

control of, or irrevocably committed to the use of, the Institute

as a capital contribution of the Institute in accordance with this

subsection.

(b) Capital improvement endowment

(1) In addition to the trust fund established under subsection

(a) of this section, funds may be deposited into a trust fund

maintained by the Institute at a federally insured banking or

savings institution from the amount reserved for this subsection

pursuant to section 4451(a) of this title for the purpose of

establishing a separate special endowment for capital improvement

(hereafter in this subsection referred to as the ''capital

endowment fund'') to pay expenses associated with site selection

and preparation, site planning and architectural design and

planning, new construction, materials and equipment procurement,

renovation, alteration, repair, and other building and expansion

costs of the Institute.

(2) The President of the Institute shall provide for the deposit

into the capital endowment fund of a capital contribution by the

Institute in an amount equal to the amount of each Federal

contribution and any earnings on amounts in the capital endowment

fund.

(3) Funds deposited by the Institute as a match for Federal

contributions under paragraph (5) shall remain in the capital

endowment fund for a period of not less than two years. If at any

time the Institute withdraws any capital contribution to the

capital endowment fund before the funds have been deposited for

this two-year period, an equal amount of the Federal contribution

shall be withdrawn from the capital endowment fund and returned to

the Treasury as miscellaneous receipts. At the end of the two-year

period, the entire principal and interest of the funds deposited

for this period, including the Federal matching portion, shall

accrue, without reservation, to the Institute and may be withdrawn,

in whole or in part, to defray expenses associated with capital

acquisition and improvement of the Institute referred to in

paragraph (1).

(4) For the purpose of complying with the contribution

requirement of paragraph (2), the Institute may use funds which are

available from any private, non-Federal governmental, or tribal

source.

(5) Subject to paragraph (3), amounts appropriated under section

4451(a) of this title for use under this subsection shall be paid

by the Secretary of the Treasury to the Institute as a Federal

capital contribution equal to the amount which the Institute

demonstrates has been placed within the control of, or irrevocably

committed to the use of, the Institute and is available for deposit

as a capital contribution of the Institute in accordance with this

subsection.

(6) For the purpose of complying with the contribution

requirement in this subsection, the Institute may use funds or

in-kind contributions of real or personal property. For the

purposes of this paragraph, all contributions, in-kind and real

estate, which are held by the Institute beginning on November 29,

1990, and which were received after June 2, 1988, but which have

not been included in their entirety in computations under this

section shall be eligible for matching Federal funds appropriated

in any year.

(c) General administrative provisions

(1) Funds in the trust funds described in subsections (a) and (b)

of this section shall be invested under the same conditions and

limitations as funds are invested under section 1065(c)(2) of this

title and the regulations implementing such section (as such

regulations were in effect at the time the funds are invested).

(2) No part of the net earnings of the trust funds established

under this section shall inure to the benefit of any private

person.

(3) Any amounts deposited in a trust fund authorized under

subsection (a) of this section may be used to secure loans procured

for the purposes of constructing or improving Institute facilities.

(4) The President of the Institute shall provide for such other

provisions governing the trust funds established under this section

as may be necessary to protect the financial interest of the United

States and to promote the purpose of this chapter as agreed to by

the Secretary of the Treasury and the Board or its designee,

including recordkeeping procedures for the investment of funds

received under the trust fund established under subsection (b) of

this section and such other recordkeeping procedures for the

expenditure of accumulated interest for the trust fund under

subsection (a) of this section as will allow the Secretary of the

Treasury to audit and monitor activities under this section.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1518, Oct. 17, 1986, 100 Stat.

1609; Pub. L. 100-297, title V, Sec. 5406(b), Apr. 28, 1988, 102

Stat. 417; Pub. L. 101-644, title V, Sec. 505, Nov. 29, 1990, 104

Stat. 4669; Pub. L. 102-325, title XIII, Sec. 1331(j), July 23,

1992, 106 Stat. 808; Pub. L. 103-382, title III, Sec. 386(b), Oct.

20, 1994, 108 Stat. 4020.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(6). Pub. L. 103-382, Sec. 386(b)(1), added

par. (6).

Subsec. (c)(1). Pub. L. 103-382, Sec. 386(b)(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''Funds

in the trust funds described in subsections (a) and (b) of this

section shall be invested at a rate not less than that generally

available for similar funds deposited at the same banking

institution for the same period or periods of time.''

1992 - Subsec. (a)(3). Pub. L. 102-325, Sec. 1331(j)(1)(A),

substituted ''November 29, 1990'' for ''the date of enactment of

this Act''.

Pub. L. 102-325, Sec. 1331(j)(1)(B), inserted at end ''All funds

transferred to the Institute by the Secretary of the Treasury after

June 2, 1988, shall be deemed to have been properly transferred as

of July 23, 1992.''

Subsec. (b)(4). Pub. L. 102-325, Sec. 1331(j)(2), inserted '',

non-Federal governmental,'' after ''any private''.

Subsec. (c)(3), (4). Pub. L. 102-325, Sec. 1331(j)(3), added par.

(3) and redesignated former par. (3) as (4).

1990 - Pub. L. 101-644 amended section generally, substituting

present provisions consisting of subsecs. (a) to (c) for former

text which provided: in subsec. (a), establishment of program; in

subsec. (b), use of funds; in subsec. (c), compliance with matching

requirement; and in subsec. (d), payment of Federal contribution.

1988 - Subsec. (a)(1). Pub. L. 100-297, Sec. 5406(b)(1),

substituted ''From amounts appropriated under section 4451(a) of

this title, not more than $500,000'' for ''From the amount

appropriated pursuant to section 4441(a) of this title, the

Secretary shall make available to the Institute not more than

$500,000 which''.

Subsec. (d). Pub. L. 100-297, Sec. 5406(b)(2), in subsec. heading

substituted ''Payment of Federal contribution'' for ''Allocation of

funds'', and in text substituted ''Amounts appropriated under

section 4451(a) of this title for use under this section shall be

paid by the Secretary of the Treasury to the Institute as'' for

''From the amount appropriated pursuant to section 4441(a) of this

title, the Secretary shall allocate to the Institute an amount

for''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4451 of this title.

-CITE-

20 USC Sec. 4426 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-

Sec. 4426. Provision of facilities

-STATUTE-

(a) Plan

The Board shall prepare a master plan on the short- and long-term

facilities needs of the Institute. The master plan shall include

evaluation of all facets of existing Institute programs, including

support activities and programs and facilities. The master plan

shall include impact projections for the Institute's move to a new

campus site. This master plan shall evaluate development and

construction requirements (based on a growth plan approved by the

Board), including (but not limited to) items such as infrastructure

and site analysis, development of a phased plan with architectural

and engineering studies, cost projections, landscaping, and related

studies which cover all facets of the Institute's programs and

planned functions.

(b) Deadline for transmittal

The plan required by this subsection shall be transmitted to

Congress no later than 18 months after July 23, 1992. Such plan

shall include a prioritization of needs, as determined by the

Board.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1519, as added Pub. L. 102-325,

title XIII, Sec. 1331(k), July 23, 1992, 106 Stat. 808.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,

set out as an Effective Date of 1992 Amendment note under section

1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4414 of this title.

-CITE-

20 USC SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA

NATIVES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

.

-HEAD-

SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4451 of this title.

-CITE-

20 USC Sec. 4441 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

-HEAD-

Sec. 4441. Program for Native Hawaiian and Alaska Native culture

and arts development

-STATUTE-

(a) In general

The Secretary of the Interior is authorized to make grants for

the purpose of supporting programs for Native Hawaiian or Alaska

Native culture and arts development to any private, nonprofit

organization or institution which -

(1) primarily serves and represents Native Hawaiians or Alaska

Natives, and

(2) has been recognized by the Governor of the State of Hawaii

or the Governor of the State of Alaska, as appropriate, for the

purpose of making such organization or institution eligible to

receive such grants.

(b) Purpose of grants

Grants made under subsection (a) of this section shall, to the

extent deemed possible by the Secretary and the recipient of the

grant, be used -

(1) to provide scholarly study of, and instruction in, Native

Hawaiian or Alaska Native art and culture,

(2) to establish programs which culminate in the awarding of

degrees in the various fields of Native Hawaiian or Alaska Native

art and culture, or

(3) to establish centers and programs with respect to Native

Hawaiian or Alaska Native art and culture that are similar in

purpose to the centers and programs described in subsections (b)

and (c) of section 4417 of this title.

(c) Management of grants

(1) Any organization or institution which is the recipient of a

grant made under subsection (a) of this section shall establish a

governing board to manage and control the program with respect to

which such grant is made.

(2) For any grants made with respect to Native Hawaiian art and

culture, the members of the governing board which is required to be

established under paragraph (1) shall -

(A) be Native Hawaiians or individuals widely recognized in the

field of Native Hawaiian art and culture,

(B) include a representative of the Office of Hawaiian Affairs

of the State of Hawaii,

(C) include the president of the University of Hawaii,

(D) include the president of the Bishop Museum, and

(E) serve for a fixed term of office.

(3) For any grants made with respect to Alaska Native art and

culture, the members of the governing board which is required to be

established under paragraph (1) shall -

(A) include Alaska Natives and individuals widely recognized in

the field of Alaska Native art and culture,

(B) represent the Eskimo, Indian and Aleut cultures of Alaska,

and

(C) serve for a fixed term.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1521, Oct. 17, 1986, 100 Stat.

1610; Pub. L. 103-239, title VII, Sec. 722(2), May 4, 1994, 108

Stat. 606.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-239 amended section generally, substituting

provisions relating to development program for Native Hawaiian and

Alaska Native culture and arts for provisions relating to

development program for Native Hawaiian culture and arts.

-CITE-

20 USC Sec. 4442 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

-HEAD-

Sec. 4442. Administrative provisions

-STATUTE-

(a) Payments

The Secretary may award grants under this subchapter in

installments, in advance, or by way of reimbursement and may make

necessary adjustments in payments of grants on account of

overpayments or underpayments.

(b) Recovery of overpayments

(1) If the Secretary or a court of competent jurisdiction finds

that -

(A) any person -

(i) has -

(I) made, or has caused to be made by another, a false

statement or representation of a material fact knowing it to

be false, or

(II) knowingly failed, or caused another to fail, to

disclose a material fact; and

(ii) as a result of such action, has received any funds under

this subchapter which such person would not have otherwise

received, or

(B) any person misappropriates any funds paid by the Secretary

under this subchapter,

such person shall be liable to repay the amount of such funds to

the United States. Any such finding by the Secretary may be made

only after an opportunity for a fair hearing.

(2) Any amount repaid under this subsection shall be returned to

the general fund of the Treasury of the United States.

(c) Penalties

Whoever -

(1) makes a false statement of a material fact knowing it to be

false, or knowingly fails to disclose a material fact, for the

purpose of obtaining or increasing for such person or for any

other person any payment of funds provided under this subchapter,

or

(2) misappropriates any funds provided under this subchapter,

shall be fined not more than $1,000 or imprisoned for not more than

one year, or both.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1522, Oct. 17, 1986, 100 Stat.

1611.)

-CITE-

20 USC SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS

.

-HEAD-

SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS

-CITE-

20 USC Sec. 4451 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN

CULTURE AND ART DEVELOPMENT

SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 4451. Authorization of appropriations

-STATUTE-

(a) Subchapter I

(1) There are authorized to be appropriated for each fiscal year

such sums as may be necessary to carry out the provisions of

subchapter I of this chapter.

(2) Funds appropriated under the authority of paragraph (1) shall

remain available without fiscal year limitation.

(3) Except as provided for amounts subject to section 4425(d)

(FOOTNOTE 1) of this title, amounts appropriated under the

authority of this subsection for fiscal year 1989, and for each

succeeding fiscal year, shall be paid to the Institute at the later

of -

(FOOTNOTE 1) See References in Text note below.

(A) the beginning of the fiscal year, or

(B) upon enactment of such appropriation.

(4) Funds appropriated under this subsection for the fiscal year

1992 and for each succeeding fiscal year shall be transferred by

the Secretary of the Treasury through the most expeditious method

available with the Institute being designated as its own certifying

agency.

(5) Funds are authorized to be appropriated for programs for more

than one fiscal year. For the purpose of affording adequate notice

of funding available under this chapter, (FOOTNOTE 1) amounts

appropriated in an appropriations Act for any fiscal year to carry

out this chapter (FOOTNOTE 1) may, subject to the appropriation,

become available for obligations on July 1 of that fiscal year.

(b) Subchapter II

There are authorized to be appropriated for the purpose of

carrying out the provisions of subchapter II of this chapter -

(1) for fiscal year 1987, $1,000,000, and

(2) for each succeeding fiscal year, such sums as may be

necessary to carry out such provisions.

-SOURCE-

(Pub. L. 99-498, title XV, Sec. 1531, Oct. 17, 1986, 100 Stat.

1612; Pub. L. 100-297, title V, Sec. 5406(c), Apr. 28, 1988, 102

Stat. 418; Pub. L. 101-644, title V, Sec. 506, Nov. 29, 1990, 104

Stat. 4672.)

-REFTEXT-

REFERENCES IN TEXT

Section 4425 of this title, referred to in subsec. (a)(3), was

amended generally by Pub. L. 101-644, title V, Sec. 505, Nov. 29,

1990, 104 Stat. 4669, and, as so amended, provisions similar to

subsec. (d) are contained in subsec. (a)(4).

This chapter, referred to in subsec. (a)(5), was in the original

''this Act'' and was translated as reading ''this title'', meaning

title XV of Pub. L. 99-498 to reflect the probable intent of

Congress.

-MISC2-

AMENDMENTS

1990 - Subsec. (a)(4), (5). Pub. L. 101-644 added pars. (4) and

(5).

1988 - Subsec. (a). Pub. L. 100-297 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''There are authorized to be appropriated for the purpose of

carrying out the provisions of subchapter I of this chapter -

''(1) for fiscal year 1987, $4,000,000, and

''(2) for each succeeding fiscal year, such sums as may be

necessary to carry out such provisions.''

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4414, 4425 of this title.

-CITE-