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25 U.S.C. § 1807 — Eligibility studies

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1807 — Eligibility studies

**(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 11 So in original. Probably should be “an”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1807&num=0&edition=prelim) for such fiscal year.

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Source location: Title 25, Chapter 20, § 1807; chapter-020-tribally-controlled-colleges-and-universities-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1811 — Authorization of appropriations

**(a)** (1) There is authorized to be appropriated, for the purpose of carrying out [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1805&num=0&edition=prelim), $3,200,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. (2) There is authorized to be appropriated for the purpose of carrying out [section 1807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1807&num=0&edition=prelim), such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. (3) There is authorized to be appropriated for the purpose of carrying out sections 1812(b) and 1813 of this title, such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. (4) Funds appropriated pursuant to the authorizations under this section for the fiscal year 2009 and for each of the five succeeding 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 A

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1812 — Grant adjustments

**(a) Formula for allocation** (1) If the sums appropriated for any fiscal year pursuant to [section 1810(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1810/a/2&num=0&edition=prelim) for grants under [section 1807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1807&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1807&num=0&edition=prelim) for the preceding fiscal year an amount equal to 95 percent of the payment received by such applicant under [section 1808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1808&num=0&edition=prelim); (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

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1833 — Establishment of program; program agreements

**(a)** From the amount appropriated pursuant to [section 1836 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1836&num=0&edition=prelim), the Secretary shall establish a program of making endowment grants to tribally controlled colleges or universities which are current recipients of assistance under [section 1807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1807&num=0&edition=prelim) or under section 3 of the Navajo Community College Act. No such college or university shall be ineligible for such a grant for a fiscal year by reason of the receipt of such a grant for a preceding fiscal year, but no such college or university shall be eligible for such a grant for a fiscal year if such college or university has been awarded a grant under [section 1065 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1065&num=0&edition=prelim) for such fiscal year. **(b)** No grant for the establishment of an endowment fund by a tribally controlled college or university shall be made unless such college or university enters into an agreement with the Secretary which— (1) provides for the investment and maintenance of a trust fund, the corpus and earnings of which shall be invested in the same manner as funds are invested under paragraph (2) of [section 1065(c) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1065/c&num=0&edition=prelim), except that for purposes of this paragraph, the term “trust fund” means a fund established by an institution of higher education or by a foundation that is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, and may include rea

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1807 — Grants to tribally controlled colleges or

Page 375 TITLE 25—INDIANS § 1807 1 So in original. Probably should be ‘‘an’’. 1 So in original. Probably should be ‘‘an’’. amended Pub. L. 98–192, §§ 4(a)(1), 5, Dec. 1, 1983, 97 Stat. 1336; Pub. L. 105–244, title IX, § 901(b)(5), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(e), Aug. 14, 2008, 122 Stat. 3461.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–315 inserted subsec. and par. des- ignations and headings, designated first sentence as par. (1) of subsec. (a), designated second sentence as par. (2) of subsec. (a) and substituted ‘‘The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded’’ for ‘‘In the awarding of contracts for technical assistance, pref- erence shall be given’’, and designated third sentence as subsec. (b). 1998—Pub. L. 105–244 substituted ‘‘college or univer- sity’’ for ‘‘community college’’ in two places. 1983—Pub. L. 98–192, § 5, inserted ‘‘from a tribally con- trolled community college which is receiving funds under section 1808 of this title’’ and struck out ‘‘to trib- ally controlled community colleges’’ before ‘‘either di- rectly’’. Statutory Notes and Related Subsidiaries 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. § 1806. Eligibility studies (a) Development of plans, procedures, and cri- teria 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 cont

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