-CITE-

25 USC CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR

UNIVERSITY ASSISTANCE 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

-HEAD-

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

-MISC1-

Sec.

1801. Definitions.

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

1802. Purpose.

1803. Grants authorized.

(a) Purposes.

(b) Deposit of funds; limitations on uses.

1804. Eligible grant recipients.

1804a. Planning grants.

(a) Establishment of program.

(b) Procedures for submission and review of

applications.

(c) Reservation of funds; number of grants.

1805. Technical assistance contracts.

1806. Eligibility studies.

(a) Development of plans, procedures, and criteria.

(b) Initiation by Secretary; grant applications and

budgets.

(c) Source of appropriations.

1807. Grants to tribally controlled colleges or

universities.

(a) Submission of applications; necessity of

eligibility study.

(b) Determination of support; factors considered.

(c) Priority and number of grants.

(d) Consultation with national Indian organizations

and tribal governments.

1808. Amount of grants.

(a) Formula.

(b) Advance installment payments; adjustments;

methods of payment; interest or investment

income; types of investments.

(c) Accounting by recipient institutions; data

collection system.

(d) Construction of section.

1809. Effect on other programs.

(a) Eligibility for assistance.

(b) Allocations from Bureau of Indian Affairs.

(c) Assistance deemed to be basic educational

opportunity grant.

(c) Treatment of funds under certain Federal laws.

1810. Authorization of appropriations.

1811. Grant adjustments.

(a) Formula for allocation.

(b) Ratable reduction or increase in funds

available for existing schools; excess funds;

definition.

(c) Reallocation of funds.

1812. Report on facilities.

(a) Study on condition of currently existing

facilities; submission of report; contents.

(b) Renovation program.

(c) Determination and prioritization of

construction and renovation needs.

(d) "Reconstruction" defined.

1813. Construction of new facilities.

(a) Grants.

(b) Eligibility requirements.

(c) Maximum amount of grant; waiver of restriction.

(d) Failure to use facility in approved manner;

title to vest in United States; settlement.

(e) Religious use.

(f) "Construction" and "academic facilities"

defined.

1814. Miscellaneous provisions.

(a) Eligibility of Navajo Tribe.

(b) Discriminatory practices prohibited.

1815. Rules and regulations.

(a) Consultation with national Indian

organizations.

(b) Publication.

(c) Promulgation.

(d) Source of appropriations.

SUBCHAPTER II - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ENDOWMENT

PROGRAM

1831. Purpose.

1832. Establishment of program; program agreements.

1833. Use of funds.

1834. Compliance with matching requirement.

1835. Allocation of funds.

1836. Authorization of appropriations.

SUBCHAPTER III - TRIBAL ECONOMIC DEVELOPMENT

1851. Grants authorized.

(a) General authority.

(b) Amount and duration.

(c) Applications.

1852. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 13d-2, 458cc of this

title; title 20 sections 1131a, 1131c, 1401, 2327, 2373, 3489,

7011, 7454; title 29 section 3002.

-End-

-CITE-

25 USC Sec. 1801 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

-HEAD-

Sec. 1801. Definitions

-STATUTE-

(a) For purposes of this chapter, the term -

(1) "Indian" means a person who is a member of an Indian tribe;

(2) "Indian tribe" means any Indian tribe, band, nation, or

other organized group or community, including any Alaskan Native

village or regional or village corporation as defined in or

established pursuant to the Alaskan Native Claims Settlement Act

[43 U.S.C. 1601 et seq.], which is recognized as eligible for the

special programs and services provided by the United States to

Indians because of their status as Indians;

(3) "Secretary", unless otherwise designated, means the

Secretary of the Interior;

(4) "tribally controlled college or university" means an

institution of higher education which is formally controlled, or

has been formally sanctioned, or chartered, by the governing body

of an Indian tribe or tribes, except that no more than one such

institution shall be recognized with respect to any such tribe;

(5) "institution of higher education" means an institution of

higher education as defined by section 1001 (!1) of title 20,

except that clause (2) of such section shall not be applicable

and the reference to Secretary in clause (5)(A) (!2) of such

section shall be deemed to refer to the Secretary of the

Interior;

(6) "national Indian organization" means an organization which

the Secretary finds is nationally based, represents a substantial

Indian constituency, and has expertise in the field of Indian

education;

(7) "Indian student count" means a number equal to the total

number of Indian students enrolled in each tribally controlled

college or university, determined in a manner consistent with

subsection (b) of this section on the basis of the quotient of

the sum of the credit hours of all Indian students so enrolled,

divided by twelve; and

(8) "satisfactory progress toward a degree or certificate" has

the meaning given to such term by the institution at which the

student is enrolled.

(b) The following conditions shall apply for the purpose of

determining the Indian student count pursuant to paragraph (7) of

subsection (a) of this section:

(1) Such number shall be calculated on the basis of the

registrations of Indian students as in effect at the conclusion

of the third week of each academic term.

(2) Credits earned in classes offered during a summer term

shall be counted toward the computation of the Indian student

count in the succeeding fall term.

(3) Credits earned by any student who has not obtained a high

school degree or its equivalent shall be counted toward the

computation of the Indian student count if the institution at

which the student is in attendance has established criteria for

the admission of such student on the basis of the student's

ability to benefit from the education or training offered. The

institution shall be presumed to have established such criteria

if the admission procedures for such studies include counseling

or testing that measures the student's aptitude to successfully

complete the course in which the student has enrolled. No credits

earned by such student for purposes of obtaining a high school

degree or its equivalent shall be counted toward the computation

of the Indian student count.

(4) Indian students earning credits in any continuing education

program of a tribally controlled college or university shall be

included in determining the sum of all credit hours.

(5) Credits earned in a continuing education program shall be

converted to a credit-hour basis in accordance with the tribally

controlled college or university's system for providing credit

for participation in such program.

(6) No credit hours earned by an Indian student who is not

making satisfactory progress toward a degree or certificate shall

be taken into account.

-SOURCE-

(Pub. L. 95-471, Sec. 2, formerly Sec. 1, Oct. 17, 1978, 92 Stat.

1325; renumbered Sec. 2 and amended Pub. L. 98-192, Sec. 1, Dec. 1,

1983, 97 Stat. 1335; Pub. L. 99-428, Sec. 3, Sept. 30, 1986, 100

Stat. 982; Pub. L. 105-244, title I, Sec. 102(a)(8)(B), title IX,

Sec. 901(b)(5), (9), Oct. 7, 1998, 112 Stat. 1619, 1828.)

-REFTEXT-

REFERENCES IN TEXT

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

"this Act", meaning Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325,

as amended, known as the Tribally Controlled College or University

Assistance Act of 1978, which enacted this chapter and section

640c-1 of this title, amended section 640c of this title, and

enacted provisions set out as notes under sections 640a, 640c-1,

and 1801 of this title. For complete classification of this Act to

the Code, see Short Title note set out below and Tables.

The Alaskan Native Claims Settlement Act, referred to in subsec.

(a)(2), probably means the Alaska Native Claims Settlement Act,

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.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(4). Pub. L. 105-244, Sec. 901(b)(5),

substituted "college or university" for "community college".

Subsec. (a)(5). Pub. L. 105-244, Sec. 102(a)(8)(B), substituted

"section 1001" for "section 1141(a)".

Subsec. (a)(7). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college".

Subsec. (b)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college".

Subsec. (b)(5). Pub. L. 105-244, Sec. 901(b)(9), substituted

"college or university's" for "community college's".

1986 - Subsec. (a)(8). Pub. L. 99-428, Sec. 3(a), added par. (8).

Subsec. (b)(3) to (6). Pub. L. 99-428, Sec. 3(b), added par. (3),

redesignated former pars. (3) to (5) as (4) to (6), respectively,

and in par. (6) struck out ", in accordance with the standards and

practices of the appropriate accrediting agency or the institution

at which the student is in attendance," after "certificate".

1983 - Subsec. (a). Pub. L. 98-192, Sec. 1(1), designated

existing provisions as subsec. (a) and inserted introductory

provision preceding par. (1).

Subsec. (a)(1). Pub. L. 98-192, Sec. 1(2), struck out "and is

eligible to receive services from the Secretary of the Interior"

after "Indian tribe".

Subsec. (a)(5). Pub. L. 98-192, Sec. 1(3), inserted "and the

reference to Secretary in clause (5)(A) of such section shall be

deemed to refer to the Secretary of the Interior".

Subsec. (a)(7). Pub. L. 98-192, Sec. 1(4), substituted provision

defining "Indian student count" to mean a number equal to the total

number of Indian students enrolled in each tribally controlled

community college, determined as consistent with subsec. (b) of

this section on the basis of the quotient of the sum of the credit

hours of all Indians so enrolled, divided by twelve for provision

defining "full-time equivalent Indian student" to mean the number

of Indians enrolled full-time and the full-time equivalent of the

number of Indians enrolled part-time, determined on the basis of

the quotient of the sum of the credit hours of all part-time

students divided by twelve, calculated on the basis of

registrations as in effect at the conclusion of the sixth week of

an academic term.

Subsec. (b). Pub. L. 98-192, Sec. 1(4), added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

SHORT TITLE OF 1990 AMENDMENT

Section 401 of title IV of Pub. L. 95-471, as added by Pub. L.

101-392, title III, Sec. 312, Sept. 25, 1990, 104 Stat. 804,

provided that: "This title [enacting subchapter III of this

chapter] may be cited as the 'Tribal Economic Development and

Technology Related Education Assistance Act of 1990'."

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-428 provided that: "This Act [amending

this section and sections 640c-1, 1808 to 1810, 1812, 1813, and

1836 of this title] may be cited as the 'Tribally Controlled

Community College Assistance Amendments of 1986'."

SHORT TITLE

Pub. L. 95-471, Sec. 1, Oct. 17, 1978, 92 Stat. 1325, as amended

by Pub. L. 105-244, title IX, Sec. 901(b)(1), Oct. 7, 1998, 112

Stat. 1827, provided: "That this Act [enacting this chapter and

section 640c-1 of this title, amending section 640c of this title,

and enacting provisions set out as notes under sections 640a and

640c-1 of this title] may be cited as the 'Tribally Controlled

College or University Assistance Act of 1978'."

ADDITIONAL CONFORMING AMENDMENTS

Pub. L. 105-244, title IX, Sec. 901(c), Oct. 7, 1998, 112 Stat.

1828, provided that:

"(1) Recommended legislation. - The Secretary of Education shall

prepare and submit to Congress recommended legislation containing

technical and conforming amendments to reflect the changes made by

subsection (b) [see Tables for classification].

"(2) Submission to congress. - Not later than 6 months after the

effective date of this title [see section 3 of Pub. L. 105-244, set

out as an Effective Date of 1998 Amendment note under section 1001

of Title 20, Education], the Secretary of Education shall submit

the recommended legislation referred to under paragraph (1)."

REFERENCES TO TRIBALLY CONTROLLED COMMUNITY COLLEGE ASSISTANCE ACT

OF 1978

Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat.

1828, provided that: "Any reference to a section or other provision

of the Tribally Controlled Community College Assistance Act of 1978

shall be deemed to be a reference to the Tribally Controlled

College or University Assistance Act of 1978."

-EXEC-

EXECUTIVE ORDER NO. 13021

Ex. Ord. No. 13021, Oct. 19, 1996, 61 F.R. 54929, as amended by

Ex. Ord. No. 13104, Oct. 19, 1998, 63 F.R. 56535, which established

the President's Board of Advisors on Tribal Colleges and

Universities and the White House Initiative on Tribal Colleges and

Universities in the Department of Education and required a

Five-Year Federal Plan regarding tribal colleges and universities,

was revoked by Ex. Ord. No. 13270, Sec. 10, July 3, 2002, 67 F.R.

45291, set out below.

EX. ORD. NO. 13270. TRIBAL COLLEGES AND UNIVERSITIES

Ex. Ord. No. 13270, July 3, 2002, 67 F.R. 45288, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. Policy. There is a unique relationship between the

United States and Indian tribes, and a special relationship between

the United States and Alaska Native entities. It is the policy of

the Federal Government that this Nation's commitment to educational

excellence and opportunity must extend as well to the tribal

colleges and universities (tribal colleges) that serve Indian

tribes and Alaska Native entities. The President's Board of

Advisors on Tribal Colleges and Universities (the "Board") and the

White House Initiative on Tribal Colleges and Universities (WHITCU)

established by this order shall ensure that this national policy

regarding tribal colleges is carried out with direct accountability

at the highest levels of the Federal Government.

Tribal colleges are both integral and essential to their

communities. Often they are the only postsecondary institutions

within some of our Nation's poorest rural areas. They fulfill a

vital role: in maintaining and preserving irreplaceable languages

and cultural traditions; in offering a high-quality college

education to younger students; and in providing job training and

other career-building programs to adults and senior citizens.

Tribal colleges provide crucial services in communities that

continue to suffer high rates of unemployment and the resulting

social and economic distress.

The Federal Government's commitment to tribal colleges is

reaffirmed and the private sector can and should contribute to the

colleges' educational and cultural missions.

Finally, postsecondary institutions can play a vital role in

promoting excellence in early childhood, elementary, and secondary

education. The Federal Government will therefore work to implement

the innovations and reforms of the No Child Left Behind Act of 2001

(Public Law 107-110) [see Short Title of 2002 Amendment note set

out under 20 U.S.C. 6301] in partnership with tribal colleges and

their American Indian and Alaska Native communities.

Sec. 2. Definition of Tribal Colleges and Universities. Tribal

colleges are those institutions cited in section 532 of the Equity

in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note),

any other institution that qualifies for funding under the Tribally

Controlled Community College Assistance Act of 1978 [now Tribally

Controlled College or University Assistance Act of 1978] (25 U.S.C.

1801 et seq.), and Dine&233; College, authorized in the Navajo

Community College Assistance Act of 1978, Public Law 95-471, title

II (25 U.S.C. 640a note).

Sec. 3. Board of Advisors. (a) Establishment. There shall be

established in the Department of Education a Presidential advisory

committee entitled the President's Board of Advisors on Tribal

Colleges and Universities (the "Board").

(b) Membership. The Board shall consist of not more than 15

members who shall be appointed by the President, one of whom shall

be designated by the President as Chair. The Board shall include

representatives of tribal colleges and may also include

representatives of the higher, early childhood, elementary, and

secondary education communities; tribal officials; health,

business, and financial institutions; private foundations; and such

other persons as the President deems appropriate.

(c) Functions. The Board shall provide advice regarding the

progress made by Federal agencies toward fulfilling the purposes

and objectives of this order. The Board also shall provide

recommendations to the President, through the Secretary of

Education (Secretary), on ways the Federal Government can help

tribal colleges:

(1) use long-term development, endowment building, and planning

to strengthen institutional viability;

(2) improve financial management and security, obtain

private-sector funding support, and expand and complement Federal

education initiatives;

(3) develop institutional capacity through the use of new and

emerging technologies offered by both the Federal and private

sectors;

(4) enhance physical infrastructure to facilitate more

efficient operation and effective recruitment and retention of

students and faculty; and

(5) help implement the No Child Left Behind Act of 2001 [see

Short Title of 2002 Amendment note set out under 20 U.S.C. 6301]

and meet other high standards of educational achievement.

(d) Meetings. The Board shall meet at least annually, at the

request of the Secretary, to provide advice and consultation on

tribal colleges and relevant Federal and private-sector activities,

and to transmit reports and present recommendations.

Sec. 4. White House Initiative on Tribal Colleges and

Universities. There shall be established in the Department of

Education, Office of the Secretary, the White House Initiative on

Tribal Colleges and Universities (WHITCU). The WHITCU shall:

(a) provide the staff support for the Board;

(b) assist the Secretary in the role of liaison between the

executive branch and tribal colleges; and

(c) serve the Secretary in carrying out the Secretary's

responsibilities under this order.

Sec. 5. Department and Agency Participation. Each participating

executive department and agency (agency), as determined by the

Secretary, shall appoint a senior official who is a full-time

officer of the Federal Government and who is responsible for

management or program administration. The official shall report

directly to the agency head, or to the agency head's designee, on

agency activity under this order and serve as liaison to the

WHITCU. To the extent permitted by law and regulation, each agency

shall provide appropriate information as requested by the WHITCU

staff pursuant to this order.

Sec. 6. Three-Year Federal Plan. (a) Content. Each agency

identified by the Secretary shall develop and implement a

Three-Year Plan of the agency's efforts to fulfill the purposes of

this order. These Three-Year Plans shall include annual performance

indicators and appropriate measurable objectives for the agency.

Among other relevant issues, the plans shall address how the agency

intends to increase the capacity of tribal colleges to compete

effectively for any available grants, contracts, cooperative

agreements, and any other Federal resources, and to encourage

tribal colleges to participate in Federal programs. The plans also

may emphasize access to high-quality educational opportunities for

economically disadvantaged Indian students, consistent with

requirements of the No Child Left Behind Act of 2001 [see Short

Title of 2002 Amendment note set out under 20 U.S.C. 6301]; the

preservation and revitalization of tribal languages and cultural

traditions; and innovative approaches to better link tribal

colleges with early childhood, elementary, and secondary education

programs. The agency's performance indicators and objectives should

be clearly reflected in the agency's annual budget submission to

the Office of Management and Budget. To facilitate the attainment

of these performance indicators and objectives, the head of each

agency identified by the Secretary, shall provide, as appropriate,

technical assistance and information to tribal colleges regarding

the program activities of the agency and the preparation of

applications or proposals for grants, contracts, or cooperative

agreements.

(b) Submission. Each agency shall submit its Three-Year Plan to

the WHITCU. In consultation with the Board, the WHITCU shall then

review these Three-Year Plans and develop an integrated Three-Year

Plan for Assistance to Tribal Colleges, which the Secretary shall

review and submit to the President. Agencies may revise their

Three-Year Plans within the three-year period.

(c) Annual Performance Reports. Each agency shall submit to the

WHITCU an Annual Performance Report that measures the agency's

performance against the objectives set forth in its Three-Year

Plan. In consultation with the Board, the WHITCU shall review and

combine Annual Performance Reports into one annual report, which

shall be submitted to the Secretary for review, in consultation

with the Office of Management and Budget.

Sec. 7. Private Sector. In cooperation with the Board, the WHITCU

shall encourage the private sector to assist tribal colleges

through increased use of such strategies as:

(a) matching funds to support increased endowments;

(b) developing expertise and more effective ways to manage

finances, improve information systems, build facilities, and

improve course offerings; and

(c) increasing resources for and training of faculty.

Sec. 8. Termination. The Board shall terminate 2 years after the

date of this order unless the Board is renewed by the President

prior to the end of that 2-year period.

Sec. 9. Administration. (a) Compensation. Members of the Board

shall serve without compensation, but shall be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

by law for persons serving intermittently in Government service (5

U.S.C. 5701-5707).

(b) Funding. The Board and the WHITCU shall be funded by the

Department of Education.

(c) Administrative Support. The Department of Education shall

provide appropriate administrative services and staff support for

the Board and the WHITCU. With the consent of the Department of

Education, other agencies participating in the WHITCU shall provide

administrative support (including detailees) to the WHITCU

consistent with statutory authority. The Board and the WHITCU each

shall have a staff and shall be supported at appropriate levels

commensurate with that of similar White House Initiative Offices.

(d) General Provisions. Insofar as the Federal Advisory Committee

Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the

administration of any portion of this order, any functions of the

President under the Act, except that of reporting to the Congress,

shall be performed by the Secretary of Education in accordance with

the guidelines issued by the Administrator of General Services.

Sec. 10. Revocation. Executive Order 13021 of October 19, 1996,

as amended, is revoked.

George W. Bush.

EXTENSION OF TERM OF PRESIDENT'S BOARD OF ADVISORS ON TRIBAL

COLLEGES AND UNIVERSITIES

Term of President's Board of Advisors on Tribal Colleges and

Universities extended until Sept. 30, 2001, by Ex. Ord. No. 13138,

Sept. 30, 1999, 64 F.R. 53879, formerly set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5, Government Organization and Employees.

Term of President's Board of Advisors on Tribal Colleges and

Universities extended until Sept. 30, 2003, by Ex. Ord. No. 13225,

Sept. 28, 2001, 66 F.R. 50291, set out as a note under section 14

of the Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1616f, 1616h, 1665j,

1808, 3210 of this title; title 20 sections 80q-8, 1059c, 1068a,

1085, 1131-1, 2302, 2327.

-FOOTNOTE-

(!1) So in original. Probably should be section "1001(a)".

(!2) So in original. Probably should be "(5)".

-End-

-CITE-

25 USC SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR

UNIVERSITIES GRANT PROGRAM 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1851 of this title.

-End-

-CITE-

25 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1802. Purpose

-STATUTE-

It is the purpose of this subchapter to provide grants for the

operation and improvement of tribally controlled colleges or

universities to insure continued and expanded educational

opportunities for Indian students, and to allow for the improvement

and expansion of the physical resources of such institutions.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 101, Oct. 17, 1978, 92 Stat. 1325;

Pub. L. 98-192, Sec. 2, Dec. 1, 1983, 97 Stat. 1336; Pub. L.

105-244, title IX, Sec. 901(b)(6), Oct. 7, 1998, 112 Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244 substituted "colleges or universities" for

"community colleges".

1983 - Pub. L. 98-192 inserted ", and to allow for the

improvement and expansion of the physical resources of such

institutions".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-End-

-CITE-

25 USC Sec. 1803 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1803. Grants authorized

-STATUTE-

(a) Purposes

The Secretary shall, subject to appropriations, make grants

pursuant to this subchapter to tribally controlled colleges or

universities to aid in the post-secondary education of Indian

students.

(b) Deposit of funds; limitations on uses

Grants made pursuant to this subchapter shall go into the general

operating funds of the institution to defray, at the determination

of the tribally controlled college or university, expenditures for

academic, educational, and administrative purposes and for the

operation and maintenance of the college or university. Funds

provided pursuant to this subchapter shall not be used in

connection with religious worship or sectarian instruction.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 102, Oct. 17, 1978, 92 Stat. 1326;

Pub. L. 98-192, Sec. 3(a), Dec. 1, 1983, 97 Stat. 1336; Pub. L.

105-244, title IX, Sec. 901(b)(5), (6), (12), Oct. 7, 1998, 112

Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 901(b)(6), substituted

"colleges or universities" for "community colleges".

Subsec. (b). Pub. L. 105-244, Sec. 901(b)(5), (12), substituted

"controlled college or university" for "controlled community

college" and "the college or university" for "the college".

1983 - Subsec. (a). Pub. L. 98-192, Sec. 3(a)(1), substituted

"shall, subject to appropriations," for "is authorized to".

Subsec. (b). Pub. L. 98-192, Sec. 3(a)(2), substituted "to

defray, at the determination of the tribally controlled community

college, expenditures for academic, educational, and administrative

purposes and for the operation and maintenance of the college" for

"to defray the expense of activities related to education programs

for Indian students".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-End-

-CITE-

25 USC Sec. 1804 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1804. Eligible grant recipients

-STATUTE-

To be eligible for assistance under this subchapter, a tribally

controlled college or university must be one which -

(1) is governed by a board of directors or board of trustees a

majority of which are Indians;

(2) demonstrates adherence to stated goals, a philosophy, or a

plan of operation which is directed to meet the needs of Indians;

and

(3) if in operation for more than one year, has students a

majority of whom are Indians.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 103, Oct. 17, 1978, 92 Stat. 1326;

Pub. L. 105-244, title IX, Sec. 901(b)(5), Oct. 7, 1998, 112 Stat.

1828.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244 substituted "college or university" for

"community college" in introductory provisions.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-End-

-CITE-

25 USC Sec. 1804a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1804a. Planning grants

-STATUTE-

(a) Establishment of program

The Secretary shall establish a program in accordance with this

section to make grants to tribes and tribal entities (1) to conduct

planning activities for the purpose of developing proposals for the

establishment of tribally controlled colleges or universities, or

(2) to determine the need and potential for the establishment of

such colleges or universities.

(b) Procedures for submission and review of applications

The Secretary shall establish, by regulation, procedures for the

submission and review of applications for grants under this

section.

(c) Reservation of funds; number of grants

From the amount appropriated to carry out this subchapter for any

fiscal year (exclusive of sums appropriated for section 1805 of

this title), the Secretary shall reserve (and expend) an amount

necessary to make grants to five applicants under this section of

not more than $15,000 each, or an amount necessary to make grants

in that amount to each of the approved applicants, if less than

five apply and are approved.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 104, as added Pub. L. 98-192, Sec.

4(a)(2), Dec. 1, 1983, 97 Stat. 1336; amended Pub. L. 105-244,

title IX, Sec. 901(b)(6), (8), Oct. 7, 1998, 112 Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244 substituted "controlled

colleges or universities" for "controlled community colleges" in

cl. (1) and "such colleges or universities" for "such colleges" in

cl. (2).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-End-

-CITE-

25 USC Sec. 1805 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1805. Technical assistance contracts

-STATUTE-

The Secretary shall provide, upon request from a tribally

controlled college or university which is receiving funds under

section 1808 of this title, technical assistance either directly or

through contract. In the awarding of contracts for technical

assistance, preference shall be given to an organization designated

by the tribally controlled college or university to be assisted. No

authority to enter into contracts provided by this section shall be

effective except to the extent authorized in advance by

appropriations Acts.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 105, formerly Sec. 104, Oct. 17,

1978, 92 Stat. 1326; renumbered Sec. 105 and amended Pub. L.

98-192, Secs. 4(a)(1), 5, Dec. 1, 1983, 97 Stat. 1336; Pub. L.

105-244, title IX, Sec. 901(b)(5), Oct. 7, 1998, 112 Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244 substituted "college or university" for

"community college" in two places.

1983 - Pub. L. 98-192, Sec. 5, inserted "from a tribally

controlled community college which is receiving funds under section

1808 of this title" and struck out "to tribally controlled

community colleges" before "either directly".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1804a, 1810, 1813 of this

title.

-End-

-CITE-

25 USC Sec. 1806 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1806. Eligibility studies

-STATUTE-

(a) Development of plans, procedures, and criteria

The Secretary is authorized to enter into an agreement with the

Secretary of Education to assist the Bureau of Indian Affairs in

developing plans, procedures, and criteria for conducting the

eligibility studies required by this section. Such agreement shall

provide for continuing technical assistance in the conduct of such

studies.

(b) Initiation by Secretary; grant applications and budgets

The Secretary, within thirty days after a request by any Indian

tribe, shall initiate a (!1) eligibility study to determine whether

there is justification to encourage and maintain a tribally

controlled college or university, and, upon a positive

determination, shall aid in the preparation of grant applications

and related budgets which will insure successful operation of such

an institution. Such a positive determination shall be effective

for the fiscal year succeeding the fiscal year in which such

determination is made.

(c) Source of appropriations

Funds to carry out the purposes of this section for any fiscal

year may be drawn from either -

(1) general administrative appropriations to the Secretary made

after October 17, 1978 for such fiscal year; or

(2) not more than 5 per centum of the funds appropriated to

carry out section 1807 of this title for such fiscal year.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 106, formerly Sec. 105, Oct. 17,

1978, 92 Stat. 1326; renumbered Sec. 106 and amended Pub. L.

98-192, Secs. 4(a)(1), (b)(1), 6(a), Dec. 1, 1983, 97 Stat. 1336,

1337; Pub. L. 105-244, title IX, Sec. 901(b)(5), Oct. 7, 1998, 112

Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244 substituted "college or

university" for "community college".

1983 - Subsec. (a). Pub. L. 98-192, Sec. 6(a)(2), (3),

substituted "eligibility" for "feasibility" and "Secretary of

Education" for "Assistant Secretary of Education of the Department

of Health, Education, and Welfare".

Subsec. (b). Pub. L. 98-192, Sec. 6(a)(2), (4), inserted

provision that such positive determination be effective for fiscal

year succeeding fiscal year in which such determination is made,

and substituted "eligibility" for "feasibility".

Subsec. (c)(2). Pub. L. 98-192, Secs. 4(b)(1), 6(a)(5),

substituted "5 per centum" for "10 per centum" and made a technical

amendment to reference to section 1807 of this title to reflect

renumbering of that section.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1807, 1811 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

25 USC Sec. 1807 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1807. Grants to tribally controlled colleges or universities

-STATUTE-

(a) Submission of applications; necessity of eligibility study

Grants shall be made under this subchapter only in response to

applications by tribally controlled colleges or universities. Such

applications shall be submitted at such time, in such manner, and

will contain or be accompanied by such information as the Secretary

may reasonably require pursuant to regulations. Such application

shall include a description of recordkeeping procedures for the

expenditure of funds received under this chapter which will allow

the Secretary to audit and monitor programs conducted with such

funds. The Secretary shall not consider any grant application

unless a (!1) eligibility study has been conducted under section

1806 of this title and it has been found that the applying college

or university will service a reasonable student population.

(b) Determination of support; factors considered

The Secretary shall consult with the Secretary of Education to

determine the reasonable number of students required to support a

tribally controlled college or university. Consideration shall be

given to such factors as tribal and cultural differences,

isolation, the presence of alternate education sources, and

proposed curriculum.

(c) Priority and number of grants

Priority in grants shall be given to institutions which are

operating on October 17, 1978, and which have a history of service

to the Indian people. In the first year for which funds are

appropriated to carry out this section, the number of grants shall

be limited to not less than eight nor more than fifteen.

(d) Consultation with national Indian organizations and tribal

governments

In making grants pursuant to this section, the Secretary shall,

to the extent practicable, consult with national Indian

organizations and with tribal governments chartering the

institutions being considered.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 107, formerly Sec. 106, Oct. 17,

1978, 92 Stat. 1327; Pub. L. 97-375, title I, Sec. 108(c), Dec. 21,

1982, 96 Stat. 1820; renumbered Sec. 107 and amended Pub. L.

98-192, Secs. 3(b), 4(a)(1), (b)(2), 6(b), Dec. 1, 1983, 97 Stat.

1336, 1337; Pub. L. 105-244, title IX, Sec. 901(b)(4)-(6), Oct. 7,

1998, 112 Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244, Sec. 901(b)(4), substituted "colleges or

universities" for "community colleges" in section catchline.

Subsec. (a). Pub. L. 105-244, Sec. 901(b)(5), (6), substituted

"colleges or universities" for "community colleges" and "college or

university" for "community college".

Subsec. (b). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college".

1983 - Subsec. (a). Pub. L. 98-192, Sec. 6(b)(1), substituted

"eligibility" for "feasibility".

Pub. L. 98-192, Sec. 4(b)(2), made a technical amendment to

reference to section 1806 of this title to reflect renumbering of

that section.

Pub. L. 98-192, Sec. 3(b), inserted provision that such

application include a description of the recordkeeping procedures

for expenditure of funds as will allow Secretary to audit and

monitor programs conducted with such funds.

Subsec. (b). Pub. L. 98-192, Sec. 6(b)(2), substituted "Secretary

of Education" for "Assistant Secretary of Education of the

Department of Health, Education, and Welfare".

1982 - Subsec. (e). Pub. L. 97-375 struck out subsec. (e) which

directed the Secretary to report to Congress on Jan. 15 of each

year the current status of tribally controlled community colleges

and his recommendations for needed action.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1806, 1810, 1811, 1813,

1832 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

25 USC Sec. 1808 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1808. Amount of grants

-STATUTE-

(a) Formula

Except as provided in section 1811 of this title, the Secretary

shall, subject to appropriations, grant for each academic year to

each tribally controlled college or university having an

application approved by him an amount equal to the product of -

(1) the Indian student count at such college or university

during the academic year preceding the academic year for which

such funds are being made available, as determined by the

Secretary in accordance with section 1801(a)(7) of this title;

and

(2) $6,000,

except that no grant shall exceed the total cost of the education

program provided by such college or university.

(b) Advance installment payments; adjustments; methods of payment;

interest or investment income; types of investments

(1) The Secretary shall make payments, pursuant to grants under

this chapter, of not less than 95 percent of the funds available

for allotment by October 15 or no later than 14 days after

appropriations become available, with a payment equal to the

remainder of any grant to which a grantee is entitled to be made no

later than January 1 of each fiscal year.

(2) Notwithstanding any other provision of law, the Secretary

shall not, in disbursing funds provided under this subchapter, use

any method of payment which was not used during fiscal year 1987 in

the disbursement of funds provided under this subchapter.

(3)(A) Notwithstanding any provision of law other than

subparagraph (B), any interest or investment income that accrues on

any funds provided under this subchapter after such funds are paid

to the tribally controlled college or university and before such

funds are expended for the purpose for which such funds were

provided under this subchapter shall be the property of the

tribally controlled college or university and shall not be taken

into account by any officer or employee of the Federal Government

in determining whether to provide assistance, or the amount of

assistance, to the tribally controlled college or university under

any provision of Federal law.

(B) All interest or investment income described in subparagraph

(A) shall be expended by the tribally controlled college or

university by no later than the close of the fiscal year succeeding

the fiscal year in which such interest or investment income

accrues.

(4) Funds provided under this subchapter may only be invested by

the tribally controlled college or university in obligations of the

United States or in obligations or securities that are guaranteed

or insured by the United States.

(c) Accounting by recipient institutions; data collection system

(1) Each institution receiving payments under this subchapter

shall annually provide to the Secretary an accurate and detailed

accounting of its operating and maintenance expenses and such other

information concerning costs as the Secretary may request.

(2) The Secretary shall, in consultation with the National Center

for Education Statistics, establish a data collection system for

the purpose of obtaining accurate information with respect to the

needs and costs of operation and maintenance of tribally controlled

colleges or universities.

(d) Construction of section

Nothing in this section shall be construed as interfering with,

or suspending the obligation of the Bureau for, the implementation

of all legislative provisions enacted prior to April 28, 1988,

specifically including those of Public Law 98-192.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 108, formerly Sec. 107, Oct. 17,

1978, 92 Stat. 1327; Pub. L. 97-375, title I, Sec. 108(c), Dec. 21,

1982, 96 Stat. 1820; renumbered Sec. 108 and amended Pub. L.

98-192, Secs. 4(a)(1), 7, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub.

L. 99-428, Sec. 4, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100-297,

title V, Sec. 5402(a), Apr. 28, 1988, 102 Stat. 415; Pub. L.

100-427, Sec. 24, Sept. 9, 1988, 102 Stat. 1613; Pub. L. 101-477,

Sec. 1(a), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 105-244, title

IX, Sec. 901(a)(1), (b)(5)-(7), Oct. 7, 1998, 112 Stat. 1827,

1828.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 98-192, referred to in subsec. (d), is Pub. L. 98-192,

Dec. 1, 1983, 97 Stat. 1335, which enacted sections 1804a and 1831

to 1836 of this title, amended sections 640c-1, 1801 to 1803, and

1805 to 1813 of this title, and enacted provisions set out as a

note under section 1815 of this title. For complete classification

of Pub. L. 98-192 to the Code, see Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 901(a)(1), (b)(5), (7),

substituted "controlled college or university" for "controlled

community college" in introductory provisions, "such college or

university" for "such college" in par. (1) and concluding

provisions, and "$6,000" for "$5,820" in par. (2).

Subsec. (b)(3), (4). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college" wherever appearing.

Subsec. (c)(2). Pub. L. 105-244, Sec. 901(b)(6), substituted

"colleges or universities" for "community colleges".

1990 - Subsec. (a)(1). Pub. L. 101-477, Sec. 1(a)(1), amended

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

"the Indian student count at such college during such academic

year, as determined by the Secretary in accordance with section

1801(a)(7) of this title; and".

Subsec. (b)(1). Pub. L. 101-477, Sec. 1(a)(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The

Secretary shall make payments, pursuant to grants under this

subchapter, in advance installments of not less than 40 per centum

of the funds available for allotment, based on anticipated or

actual numbers of full-time equivalent Indian students or such

other factors as determined by the Secretary. Adjustments for

overpayments and underpayments shall be applied to the remainder of

such funds and such remainder shall be delivered no later than July

1 of each year."

Subsecs. (c), (d). Pub. L. 101-477, Sec. 1(a)(3), redesignated

subsec. (c), relating to construction of section, as (d).

1988 - Subsec. (b). Pub. L. 100-297 designated existing

provisions as par. (1) and added pars. (2) to (4).

Subsec. (c). Pub. L. 100-427 added subsec. (c) relating to

construction of section.

1986 - Subsec. (a)(2). Pub. L. 99-428 amended par. (2) generally.

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

"(A) $4,000 for fiscal year 1984,

"(B) $5,025 for fiscal year 1985,

"(C) $5,415 for fiscal year 1986, and

"(D) $5,820 for fiscal year 1987,".

1983 - Subsec. (a). Pub. L. 98-192 amended subsec. (a) generally,

substituting provision establishing a formula premised on Indian

student count at each tribally controlled community college on

which funding is to be based for provision which directing the

Secretary to grant an amount equal to $4,000 for each full-time

equivalent Indian student in attendance during the academic year to

each tribally controlled community college having an application

approved by the Secretary.

1982 - Subsec. (c)(2). Pub. L. 97-375 struck out provision

directing Secretary to report annually to Congress on needs of

tribally controlled community colleges.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

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 Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1805, 1809, 1811 of this

title.

-End-

-CITE-

25 USC Sec. 1809 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1809. Effect on other programs

-STATUTE-

(a) Eligibility for assistance

Except as specifically provided in this subchapter, eligibility

for assistance under this subchapter shall not, by itself, preclude

the eligibility of any tribally controlled college or university to

receive Federal financial assistance under any program authorized

under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or

any other applicable program for the benefit of institutions of

higher education, community colleges, or postsecondary educational

institutions.

(b) Allocations from Bureau of Indian Affairs

(1) The amount of any grant for which tribally controlled

colleges or universities are eligible under section 1808 of this

title shall not be altered because of funds allocated to any such

colleges or universities from funds appropriated under section 13

of this title.

(2) No tribally controlled college or university shall be denied

funds appropriated under section 13 of this title because of the

funds it receives under this chapter.

(3) No tribally controlled college or university for which a

tribe has designated a portion of the funds appropriated for the

tribe from funds appropriated under section 13 of this title may be

denied a contract for such portion under the Indian

Self-Determination and Education Assistance Act (25 U.S.C. 450 et

seq.) (except as provided in that Act), or denied appropriate

contract support to administer such portion of the appropriated

funds.

(c) (!1) Assistance deemed to be basic educational opportunity

grant

For the purposes of sections 312(2)(A)(i) and 322(a)(2)(A)(i) of

the Higher Education Act of 1965 [20 U.S.C. 1058(2)(A)(i),

1061(a)(2)(A)(i)],(!2) any Indian student who receives a student

assistance grant from the Bureau of Indian Affairs for

postsecondary education shall be deemed to have received such

assistance under subpart 1 of part A of title IV of such Act [20

U.S.C. 1070a].

(c) (!1) Treatment of funds under certain Federal laws

Notwithstanding any other provision of law, funds provided under

this subchapter to the tribally controlled college or university

may be treated as non-Federal, private funds of the college or

university for purposes of any provision of Federal law which

requires that non-Federal or private funds of the college or

university be used in a project or for a specific purpose.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 109, formerly Sec. 108, Oct. 17,

1978, 92 Stat. 1328; renumbered Sec. 109 and amended Pub. L.

98-192, Secs. 4(a)(1), 8, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub.

L. 99-428, Sec. 5, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100-297,

title V, Sec. 5403(a), Apr. 28, 1988, 102 Stat. 416; Pub. L.

105-244, title IX, Sec. 901(b)(5), (6), (8), (10), (12), (e), Oct.

7, 1998, 112 Stat. 1828, 1829.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsecs. (a) and

(c), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended,

which is classified principally to chapter 28 (Sec. 1001 et seq.)

of Title 20, Education. Sections 312 and 322 of the Higher

Education Act of 1965, which were classified to sections 1058 and

1061, respectively, of Title 20, were omitted in the general

revision of title III of the Higher Education Act of 1965 by Pub.

L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1290,

which enacted new sections 312 and 322 which are classified to

sections 1058 and 1061, respectively, of Title 20. Subpart 1 of

part A of title IV of the Higher Education Act of 1965 is

classified generally to subpart 1 (Sec. 1070a et seq.) of part A of

subchapter IV of chapter 28 of Title 20. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 20 and Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (b)(3), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 901(b)(10), inserted

"or university" after "tribally controlled college".

Subsec. (b)(1). Pub. L. 105-244, Sec. 901(b)(6), (8), substituted

"controlled colleges or universities" for "controlled community

colleges" and "such colleges or universities" for "such colleges".

Subsec. (b)(2), (3). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college".

Subsec. (c). Pub. L. 105-244, Sec. 901(e), redesignated subsec.

(d), relating to treatment of funds under certain Federal laws, as

(c).

Subsec. (d). Pub. L. 105-244, Sec. 901(e), redesignated subsec.

(d), relating to treatment of funds under certain Federal laws, as

(c).

Pub. L. 105-244, Sec. 901(b)(5), (12), substituted "controlled

college or university" for "controlled community college" and

substituted "the college or university" for "the college" in two

places.

1988 - Subsec. (d). Pub. L. 100-297 added subsec. (d).

1986 - Subsec. (b)(3). Pub. L. 99-428 added par. (3).

1983 - Pub. L. 98-192, Sec. 8, designated existing provision as

subsec. (a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

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 Title 20, Education.

-FOOTNOTE-

(!1) So in original. Two subsecs. (c) have been enacted.

(!2) See References in Text note below.

-End-

-CITE-

25 USC Sec. 1810 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1810. Authorization of appropriations

-STATUTE-

(a)(1) There is authorized to be appropriated, for the purpose of

carrying out section 1805 of this title, $3,200,000 for fiscal year

1999 and such sums as may be necessary for each of the 4 succeeding

fiscal years.

(2) There is authorized to be appropriated for the purpose of

carrying out section 1807 of this title, $40,000,000 for fiscal

year 1999 and such sums as may be necessary for each of the 4

succeeding fiscal years.

(3) There is authorized to be appropriated for the purpose of

carrying out sections 1812(b) and 1813 of this title, $10,000,000

for fiscal year 1999 and such sums as may be necessary for each of

the 4 succeeding fiscal years.

(4) Funds appropriated pursuant to the authorizations under this

section for the fiscal year 1999 and for each of the succeeding 4

fiscal years shall be transferred by the Secretary of the Treasury

through the most expeditious method available, with each of the

tribally controlled colleges or universities being designated as

its own certifying agency.

(b)(1) For the purpose of affording adequate notice of funding

available under this chapter, amounts appropriated in an

appropriation Act for any fiscal year to carry out this chapter

shall become available for obligation on July 1 of that fiscal year

and shall remain available until September 30 of the succeeding

fiscal year.

(2) In order to effect a transition to the forward funding method

of timing appropriation action described in paragraph (1), there

are authorized to be appropriated, in an appropriation Act or Acts

for the same fiscal year, two separate appropriations to carry out

this chapter, the first of which shall not be subject to paragraph

(1).

-SOURCE-

(Pub. L. 95-471, title I, Sec. 110, formerly Sec. 109, Oct. 17,

1978, 92 Stat. 1328; renumbered Sec. 110 and amended Pub. L.

98-192, Secs. 4(a)(1), 9, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub.

L. 99-428, Sec. 2(a), Sept. 30, 1986, 100 Stat. 982; Pub. L.

101-477, Sec. 1(b), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 102-325,

title XIII, Sec. 1301(a), July 23, 1992, 106 Stat. 797; Pub. L.

105-244, title IX, Sec. 901(a)(2)(A), (b)(11), Oct. 7, 1998, 112

Stat. 1827, 1828.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 901(a)(2)(A)(i),

substituted "1999" for "1993".

Subsec. (a)(2). Pub. L. 105-244, Sec. 901(a)(2)(A)(ii),

substituted "$40,000,000 for fiscal year 1999" for "$30,000,000 for

fiscal year 1993".

Subsec. (a)(3). Pub. L. 105-244, Sec. 901(a)(2)(A)(iii),

substituted "1999" for "1993".

Subsec. (a)(4). Pub. L. 105-244, Sec. 901(a)(2)(A)(iv), (b)(11),

substituted "1999" for "1993" and "tribally controlled colleges or

universities" for "Tribally Controlled Community Colleges".

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

generally, in pars. (1) to (3) substituting provisions authorizing

appropriations for fiscal years 1993 to 1997 for provisions

authorizing appropriations for fiscal years 1990 to 1992 and adding

par. (4).

1990 - Subsec. (a)(1). Pub. L. 101-477, Sec. 1(b)(1), substituted

"1990 and 1991, and for fiscal year 1992, such sums as may be

necessary" for "1987, 1988, 1989, and 1990".

Subsec. (a)(2). Pub. L. 101-477, Sec. 1(b)(2), substituted "1990

and 1991, and for fiscal year 1992, such sums as may be necessary"

for "1987, 1988, 1989, and 1990".

Subsec. (a)(3). Pub. L. 101-477, Sec. 1(b)(3), substituted "1990,

1991, and 1992" for "1987, 1988, 1989, and 1990".

1986 - Subsec. (a)(1). Pub. L. 99-428, Sec. 2(a)(1), substituted

"1987, 1988, 1989, and 1990" for "1985, 1986, and 1987".

Subsec. (a)(2), (3). Pub. L. 99-428, Sec. 2(a)(2), substituted

"the fiscal years 1987, 1988, 1989, and 1990" for "such fiscal

years".

1983 - Subsec. (a). Pub. L. 98-192, Sec. 9, amended subsec. (a)

generally, substituting provision authorizing appropriations for

fiscal years 1985, 1986, and 1987 of $3,200,000 for carrying out

section 1805 of this title, $30,000,000 for carrying out section

1807 of this title, and appropriations as necessary for carrying

out sections 1812(b) and 1813 of this title for provision

authorizing appropriations for carrying out section 1807 of this

title of $25,000,000 for each of the fiscal years beginning Oct. 1,

1979 and Oct. 1, 1980, and $30,000,000 for the fiscal year

beginning Oct. 1, 1981, and $3,200,000 for each of such fiscal

years for the provision of technical assistance pursuant to section

1805 of this title.

Subsec. (b). Pub. L. 98-192, Sec. 9, amended subsec. (b)

generally, substituting provision relating to affording adequate

notice of funding available under this chapter and directing two

separate appropriations in order to effect a transition to the

forward funding method of timing appropriation action for provision

directing that, unless otherwise provided, funds appropriated under

this section remain available until expended.

Subsec. (c). Pub. L. 98-192, Sec. 9, struck out subsec. (c) which

provided that nothing in this chapter be deemed to authorize

appropriations for fiscal year beginning Oct. 1, 1978.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

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 Title

20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1811 of this title.

-End-

-CITE-

25 USC Sec. 1811 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1811. Grant adjustments

-STATUTE-

(a) Formula for allocation

(1) If the sums appropriated for any fiscal year pursuant to

section 1810(a)(2) of this title for grants under section 1807 of

this title are not sufficient to pay in full the total amount which

approved applicants are eligible to receive under such section for

such fiscal year -

(A) the Secretary shall first allocate to each such applicant

which received funds under section 1807 of this title for the

preceding fiscal year an amount equal to 95 percent of the

payment received by such applicant under section 1808 of this

title;

(B) the Secretary shall next allocate to applicants who did not

receive funds under such section for the preceding fiscal year an

amount equal to 100 per centum of the product of -

(i) the per capita payment for the preceding fiscal year; and

(ii) the applicant's projected Indian student count for the

academic year for which payment is being made;

in the order in which such applicants have qualified for

assistance in accordance with such section so that no amount

shall be allocated to a later qualified applicant until each

earlier qualified applicant is allocated an amount equal to such

product; and

(C) if additional funds remain after making the allocations

required by subparagraphs (A) and (B), the Secretary shall

allocate such funds by -

(i) ratably increasing the amounts of the grants determined

under subparagraph (A) until such grants are equal to 100 per

centum of the product described in such subparagraph; and

(ii) then ratably increasing the amounts of both (I) the

grants determined under subparagraph (A), as increased under

clause (i) of this subparagraph, and (II) the grants determined

under subparagraph (B).

(2) For purposes of paragraph (1) of this subsection, the term

"per capita payment" for any fiscal year shall be determined by

dividing the amount available for grants to tribally controlled

colleges or universities under section 1807 of this title for such

fiscal year by the sum of the Indian student counts of such

colleges or universities for such fiscal year. The Secretary shall,

on the basis of the most satisfactory data available, compute the

Indian student count for any fiscal year for which such count was

not used for the purpose of making allocations under this

subchapter.

(b) Ratable reduction or increase in funds available for existing

schools; excess funds; definition

(1) If the sums appropriated for any fiscal year for grants under

section 1807 of this title are not sufficient to pay in full the

total amount of the grants determined pursuant to subsection

(a)(1)(A) of this section, the amount which applicants described in

such subsection are eligible to receive under section 1807 of this

title for such fiscal year shall be ratably reduced.

(2) If any additional funds become available for making payments

under section 1807 of this title for any fiscal year to which

subsection (a) of this section or paragraph (1) of this subsection

applies, such additional amounts shall be allocated by first

increasing grants reduced under paragraph (1) of this subsection on

the same basis as they were reduced and by then allocating the

remainder in accordance with subsection (a) of this section. Sums

appropriated in excess of the amount necessary to pay in full the

total amounts for which applicants are eligible under section 1807

of this title shall be allocated by ratably increasing such total

amounts.

(3) References in this subsection and subsection (a) of this

section to section 1807 of this title shall, with respect to fiscal

year 1983, be deemed to refer to section 1806 of this title as in

effect at the beginning of such fiscal year.

(c) Reallocation of funds

In any fiscal year in which the amounts for which grant

recipients are eligible to receive have been reduced under the

first sentence of subsection (a) of this section, and in which

additional funds have not been made available to pay in full the

total of such amounts under the second sentence of such subsection,

each grantee shall report to the Secretary any unused portion of

received funds ninety days prior to the grant expiration date. The

amounts so reported by any grant recipient shall be made available

for reallocation to eligible grantees on a basis proportionate to

the amount which is unfunded as a result of the ratable reduction,

but no grant recipient shall receive, as a result of such

reallocation, more than the amount provided for under section

1807(a) of this title.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 111, formerly Sec. 110, Oct. 17,

1978, 92 Stat. 1328; renumbered Sec. 111 and amended Pub. L.

98-192, Secs. 4(a)(1), (b)(3), 10, Dec. 1, 1983, 97 Stat. 1336,

1338; Pub. L. 101-477, Sec. 1(c), Oct. 30, 1990, 104 Stat. 1152;

Pub. L. 105-244, title IX, Sec. 901(b)(6), (8), Oct. 7, 1998, 112

Stat. 1828.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-244 substituted "controlled

colleges or universities" for "controlled community colleges" and

"such colleges or universities" for "such colleges".

1990 - Subsec. (a)(1)(A). Pub. L. 101-477, Sec. 1(c)(1), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "the Secretary shall first allocate to each such applicant

which received funds under section 1807 of this title for the

preceding fiscal year an amount equal to 95 per centum of the

product of -

"(i) the per capita payment for the preceding fiscal year; and

"(ii) such applicant's Indian student count for the current

fiscal year;".

Subsec. (a)(1)(B)(ii). Pub. L. 101-477, Sec. 1(c)(2), amended cl.

(ii) generally. Prior to amendment, cl. (ii) read as follows: "the

applicant's Indian student count for the current fiscal year;".

1983 - Subsec. (a). Pub. L. 98-192, Sec. 10, amended subsec. (a)

generally, substituting provision establishing a formula to be used

to determine funding between existing and newly eligible schools

when funds appropriated are not sufficient to pay in full the total

amount which approved applicants are eligible to receive under

section 1807 of this title for provision that if funds were

insufficient to pay in full the total amounts which approved grant

applicants were eligible to receive, the available funds would be

ratably decreased and if funds later became available or there were

excess funds, such funds would be ratably increased.

Subsecs. (b), (c). Pub. L. 98-192, Sec. 10, added subsec. (b) and

redesignated former subsec. (b) as (c).

Pub. L. 98-192, Sec. 4(b)(3), made a technical amendment to

reference to section 1807 of this title to reflect renumbering of

that section.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1808 of this title.

-End-

-CITE-

25 USC Sec. 1812 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1812. Report on facilities

-STATUTE-

(a) Study on condition of currently existing facilities; submission

of report; contents

The Secretary shall provide for the conduct of a study of

facilities available for use by tribally controlled colleges or

universities. Such study shall consider the condition of currently

existing Bureau of Indian Affairs facilities which are vacant or

underutilized and shall consider available alternatives for

renovation, alteration, repair, and reconstruction of such

facilities (including renovation, alteration, repair, and

reconstruction necessary to bring such facilities into compliance

with local building codes). Such study shall also identify the need

for new construction. A report on the results of such study shall

be submitted to the Congress not later than eighteen months after

September 30, 1986. Such report shall also include an

identification of property -

(1) on which structurally sound buildings suitable for use as

educational facilities are located, and

(2) which is available for use by tribally controlled colleges

or universities under section 523 of title 40 and section 443a of

this title.

(b) Renovation program

The Secretary, in consultation with the Bureau of Indian Affairs,

shall initiate a program to conduct necessary renovations,

alterations, repairs, and reconstruction identified pursuant to

subsection (a) of this section.

(c) Determination and prioritization of construction and renovation

needs

(1) The Secretary shall enter into a contract with an

organization described in paragraph (2) to establish and provide on

an annual basis criteria for the determination and prioritization

in a consistent and equitable manner of the facilities construction

and renovation needs of colleges or universities that receive

funding under this chapter or the Navajo Community College Act [25

U.S.C. 640a et seq.].

(2) An organization described in this section is any organization

that -

(A) is eligible to receive a contract under the Indian

Self-Determination and Education Assistance Act [25 U.S.C. 450 et

seq.]; and

(B) has demonstrated expertise in areas and issues dealing with

tribally controlled colleges or universities.

(3) The Secretary shall include the priority list established

pursuant to this subsection in the budget submitted annually to the

Congress.

(d) "Reconstruction" defined

For the purposes of this section, the term "reconstruction" has

the meaning provided in the first sentence of subparagraph (B) of

section 1132e-1(2) (!1) of title 20.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 112, formerly Sec. 111, Oct. 17,

1978, 92 Stat. 1328; renumbered Sec. 112 and amended Pub. L.

98-192, Secs. 4(a)(1), 11, Dec. 1, 1983, 97 Stat. 1336, 1339; Pub.

L. 99-428, Sec. 6(a), Sept. 30, 1986, 100 Stat. 983; Pub. L.

101-392, title III, Sec. 313, Sept. 25, 1990, 104 Stat. 805; Pub.

L. 105-244, title IX, Sec. 901(b)(6), (13), Oct. 7, 1998, 112 Stat.

1828.)

-REFTEXT-

REFERENCES IN TEXT

The Navajo Community College Act, referred to in subsec. (c)(1),

is Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which

is classified to section 640a et seq. of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 640a of this title and Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (c)(2)(A), is Pub. L. 93-638, Jan. 4, 1975,

88 Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

Section 1132e-1 of title 20, referred to in subsec. (d), was

omitted in the general revision of subchapter VII (Sec. 1132a et

seq.) of chapter 28 of Title 20, Education, by Pub. L. 99-498,

title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1520. See section

1132i-1 of Title 20.

-COD-

CODIFICATION

"Section 523 of title 40" substituted in subsec. (a)(2) for

"section 202(a)(2) of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 483(a)(2))" on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 901(b)(6), substituted

"colleges or universities" for "community colleges" in introductory

provisions and par. (2).

Subsec. (c)(1). Pub. L. 105-244, Sec. 901(b)(13), substituted

"colleges or universities" for "colleges".

Subsec. (c)(2)(B). Pub. L. 105-244, Sec. 901(b)(6), substituted

"colleges or universities" for "community colleges".

1990 - Subsecs. (c), (d). Pub. L. 101-392 added subsec. (c) and

redesignated former subsec. (c) as (d).

1986 - Subsec. (a). Pub. L. 99-428, Sec. 6(a), substituted

"Secretary" for "Administrator of General Services" and "September

30, 1986" for "December 1, 1983".

Subsec. (b). Pub. L. 99-428, Sec. 6(a)(1), substituted

"Secretary" for "Administrator of General Services".

1983 - Pub. L. 98-192 amended section generally, substituting

provision requiring a study on the condition of currently existing

facilities, submission of a report on the study, contents of the

report, establishment of a renovation program, and defining term

"reconstruction" for provision which required the Secretary of the

Interior, not later than ninety days after Oct. 17, 1978, to

prepare and submit a report to the Congress containing a survey of

existing and planned physical facilities of tribally controlled

community colleges.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-392 effective July 1, 1991, see section

702(a) of Pub. L. 101-392, set out as an Effective Date note under

section 3423a of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1810, 1813 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 1813 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1813. Construction of new facilities

-STATUTE-

(a) Grants

With respect to any tribally controlled college or university for

which the report of the Secretary under section 1812(a) of this

title identifies a need for new construction, the Secretary shall,

subject to appropriations and on the basis of an application

submitted in accordance with such requirements as the Secretary may

prescribe by regulation, provide grants for such construction in

accordance with this section.

(b) Eligibility requirements

In order to be eligible for a grant under this section, a

tribally controlled college or university -

(1) must be a current recipient of grants under section 1805 or

1807 of this title, and

(2) must be accredited by a nationally recognized accrediting

agency listed by the Secretary of Education pursuant to the last

sentence of section 1001 of title 20, except that such

requirement may be waived if the Secretary determines that there

is a reasonable expectation that such college or university will

be fully accredited within eighteen months. In any case where

such a waiver is granted, grants under this section shall be

available only for planning and development of proposals for

construction.

(c) Maximum amount of grant; waiver of restriction

(1) Except as provided in paragraph (2), grants for construction

under this section shall not exceed 80 per centum of the cost of

such construction, except that no tribally controlled college or

university shall be required to expend more than $400,000 in

fulfillment of the remaining 20 per centum. For the purpose of

providing its required portion of the cost of such construction, a

tribally controlled college or university may use funds provided

under section 13 of this title.

(2) The Secretary may waive, in whole or in part, the

requirements of paragraph (1) in the case of any tribally

controlled college or university which demonstrates that neither

such college or university nor the tribal government with which it

is affiliated have sufficient resources to comply with such

requirements. The Secretary shall base a decision on whether to

grant such a waiver solely on the basis of the following factors:

(A) tribal population; (B) potential student population; (C) the

rate of unemployment among tribal members; (D) tribal financial

resources; and (E) other factors alleged by the college or

university to have a bearing on the availability of resources for

compliance with the requirements of paragraph (1) and which may

include the educational attainment of tribal members.

(d) Failure to use facility in approved manner; title to vest in

United States; settlement

If, within twenty years after completion of construction of a

facility which has been constructed in whole or in part with a

grant made available under this section -

(1) the facility ceases to be used by the applicant in a public

or nonprofit capacity as an academic facility, unless the

Secretary determines that there is good cause for releasing the

institution from this obligation, and

(2) the tribe with which the applicant is affiliated fails to

use the facility for a public purpose approved by the tribal

government in furtherance of the general welfare of the community

served by the tribal government,

title to the facility shall vest in the United States and the

applicant (or such tribe if such tribe is the successor in title to

the facility) shall be entitled to recover from the United States

an amount which bears the same ratio to the present value of the

facility as the amount of the applicant's contribution (excluding

any funds provided under section 13 of this title) bore to the

original cost of the facility. Such value shall be determined by

agreement of the parties or by action brought in the United States

district court for the district in which such facility is located.

(e) Religious use

No construction assisted with funds under this section shall be

used for religious worship or a sectarian activity or for a school

or department of divinity.

(f) "Construction" and "academic facilities" defined

For the purposes of this section -

(1) the term "construction" includes reconstruction or

renovation (as such terms are defined in the first sentence of

subparagraph (B) of section 1132e-1(2) (!1) of title 20); and

(2) the term "academic facilities" has the meaning provided

such term under section 1132e-1(1) (!1) of title 20.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 113, formerly Sec. 112, Oct. 17,

1978, 92 Stat. 1329; renumbered Sec. 113 and amended Pub. L.

98-192, Secs. 4(a)(1), 12, Dec. 1, 1983, 97 Stat. 1336, 1340; Pub.

L. 99-428, Sec. 6(b), Sept. 30, 1986, 100 Stat. 983; Pub. L.

105-244, title I, Sec. 102(a)(8)(C), title IX, Sec. 901(b)(5), (7),

(12), Oct. 7, 1998, 112 Stat. 1619, 1828.)

-REFTEXT-

REFERENCES IN TEXT

Section 1132e-1 of title 20, referred to in subsec. (f), was

omitted in the general revision of subchapter VII (Sec. 1132a et

seq.) of chapter 28 of Title 20, Education, by Pub. L. 99-498,

title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1520.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college".

Subsec. (b). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college" in introductory

provisions.

Subsec. (b)(2). Pub. L. 105-244, Secs. 102(a)(8)(C), 901(b)(7),

substituted "section 1001" for "section 1141(a)" and "such college

or university" for "such college".

Subsec. (c)(1). Pub. L. 105-244, Sec. 901(b)(5), substituted

"college or university" for "community college" in two places.

Subsec. (c)(2). Pub. L. 105-244, Sec. 901(b)(5), (7), (12), in

introductory provisions, substituted "controlled college or

university" for "controlled community college" and "such college or

university" for "such college" and, in subpar. (E), substituted

"the college or university" for "the college".

1986 - Subsec. (a). Pub. L. 99-428 substituted "Secretary under"

for "Administrator of General Services under".

1983 - Pub. L. 98-192 amended section generally, substituting

provision authorizing grants for construction of new facilities,

establishing eligibility requirements for grants, maximum amounts

of grants, waiver of amount restriction, results of failure to use

facilities in an approved manner, and prohibition of religious use

of such facilities, and defining "construction" and "academic

facilities" for provision requiring Secretary of the Interior to

conduct a detailed survey and study of academic facilities needs of

tribally controlled community colleges and report to Congress not

later than Nov. 1, 1979, the results of such survey and study.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1810 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 1814 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1814. Miscellaneous provisions

-STATUTE-

(a) Eligibility of Navajo Tribe

The Navajo Tribe shall not be eligible to participate under the

provisions of this subchapter.

(b) Discriminatory practices prohibited

(1) The Secretary shall not provide any funds to any institution

which denies admission to any Indian student because such

individual is not a member of a specific Indian tribe, or which

denies admission to any Indian student because such individual is a

member of a specific tribe.

(2) The Secretary shall take steps to recover any unexpended and

unobligated funds provided under this subchapter held by an

institution determined to be in violation of paragraph (1).

-SOURCE-

(Pub. L. 95-471, title I, Sec. 114, formerly Sec. 113, Oct. 17,

1978, 92 Stat. 1329; renumbered Sec. 114, Pub. L. 98-192, Sec.

4(a)(1), Dec. 1, 1983, 97 Stat. 1336.)

-End-

-CITE-

25 USC Sec. 1815 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 20 - TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE

SUBCHAPTER I - TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT

PROGRAM

-HEAD-

Sec. 1815. Rules and regulations

-STATUTE-

(a) Consultation with national Indian organizations

Within four months from October 17, 1978, the Secretary shall, to

the extent practicable, consult with national Indian organizations

to consider and formulate appropriate rules and regulations for the

conduct of the grant program established by this subchapter.

(b) Publication

Within six months from October 17, 1978, the Secretary shall

publish proposed rules and regulations in the Federal Register for

the purpose of receiving comments from interested parties.

(c) Promulgation

Within ten months from October 17, 1978, the Secretary shall

promulgate rules and regulations for the conduct of the grant

program established by this subchapter.

(d) Source of appropriations

Funds to carry out the purposes of this section may be drawn from

general administrative appropriations to the Secretary made after

October 17, 1978.

-SOURCE-

(Pub. L. 95-471, title I, Sec. 115, formerly Sec. 114, Oct. 17,

1978, 92 Stat. 1329; renumbered Sec. 115, Pub. L. 98-192, Sec.

4(a)(1), Dec. 1, 1983, 97 Stat. 1336.)

-MISC