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25 U.S.C. § 1864 — Applicability of other laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Paragraphs (4) and (8) of subsection (a), and subsection (b), of [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim), sections 1805, 1808, 1811, 1812 and 1813 of this title, subchapters II and III of this chapter, and title II 11 See References in Text note below. shall not apply to this subchapter.
**(b) Indian self-determination and education assistance** Funds made available pursuant to this subchapter shall be subject to the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.).1
**(c) Election to receive** A tribally controlled postsecondary career and technical institution selected for a fiscal year under [section 1862(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1862/b&num=0&edition=prelim) may elect to receive funds pursuant to [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1862&num=0&edition=prelim) in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.)1 if the agreement is in existence on August 14, 2008.
**(d) Other assistance** Eligibility for, or receipt of, assistance under this subchapter shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive Federal financial assistance under—
(1) any program under
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Source file: Laws/federal/codes/united-states-code/title-25/section-1864-applicability-of-other-laws--9ed5f6f1ce.md
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Source location: Title 25, Chapter 20, § 1864; chapter-020-tribally-controlled-colleges-and-universities-assistance.md
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**(a) In general** Paragraphs (4) and (8) of subsection (a), and subsection (b), of [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim), sections 1805, 1808, 1811, 1812 and 1813 of this title, subchapters II and III of this chapter, and title II 11 See References in Text note below. shall not apply to this subchapter.
**(b) Indian self-determination and education assistance** Funds made available pursuant to this subchapter shall be subject to the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.).1
**(c) Election to receive** A tribally controlled postsecondary career and technical institution selected for a fiscal year under [section 1862(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1862/b&num=0&edition=prelim) may elect to receive funds pursuant to [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1862&num=0&edition=prelim) in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.)1 if the agreement is in existence on August 14, 2008.
**(d) Other assistance** Eligibility for, or receipt of, assistance under this subchapter shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive Federal financial assistance under—
(1) any program under the Higher Education Act of 1965 ([20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) et seq.);
(2) any program under the Carl D. Perkins Career and Technical Education Act of 2006 [[20 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2301&num=0&edition=prelim) et seq.]; or
(3) any other applicable program under which a benefit is provided for—
(A) institutions of higher education;
(B) community colleges; or
(C) postsecondary educational institutions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 11 So in original. middle grades (as such term is defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)), except that equipment and facilities purchased with funds under this chapter may be used by such students.
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the term “tribally controlled postsecondary career and technical institution” has the meaning given the term in [section 2302 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2302&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter to carry out this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 92–189, § 4, Dec. 15, 1971, 85 Stat. 646; Pub. L. 95–471, title II, § 203(a), Oct. 17, 1978, 92 Stat. 1330; Pub. L. 101–477, § 2(b), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 110–315, title IX, § 946(c), Aug. 14, 2008, 122 Stat. 3468, which directed the Secretary of the Interior to conduct a detailed survey and study of the academic facilities needs of Diné College and to report to Congress the results of such survey and study, was omitted from the Code as being of special and not general application.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the availability of appropriations, for fiscal year 2009 and each fiscal year thereafter, the Secretary shall—
(1) subject to subsection (b), select two tribally controlled postsecondary career and technical institutions to receive assistance under this subchapter; and
(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary career and technical education programs for Indian students at the tribally controlled postsecondary career and technical institutions.
**(b) Selection of certain institutions**
(1) **Requirement** — For each fiscal year during which the Secretary determines that a tribally controlled postsecondary career and technical institution described in paragraph (2) meets the definition referred to in [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1861&num=0&edition=prelim), the Secretary shall select that tribally controlled postsecondary career and technical institution under subsection (a)(1) to receive funding under this section.
(2) **Institutions** — The two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are—
(A) the United Tribes Technical College; and
(B) the Navajo Technical College.
**(c) Method of payment** For each applicable fiscal year, the Secretary shall provide funding under this section to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) in a lump sum payment for the fiscal year.
**(d) Distribution**
(1) **In general** — For fiscal year 2009 and each fiscal year thereafter, of amounts mad
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Federal law — U.S. Code and appendices · legal_authorities
Page 185
TITLE 20—EDUCATION
§ 1001
PART A—DEFINITIONS
§ 1001. General definition of institution of higher
education
(a) Institution of higher education
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ 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;
(2) is legally authorized within such State to
provide a program of education beyond sec-
ondary education;
(3) provides an educational program for
which the institution awards a bachelor’s de-
gree or provides not less than a 2-year pro-
gram that is acceptable for full credit toward
such a degree, or awards a degree that is ac-
ceptable for admission to a graduate or profes-
sional 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 assur-
ance that the institution will meet the accred-
itation standards of such an agency or associa-
tion within a reasonable time.
(b) Additional institutions included
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ also includes—
(1) any school that provides not less than a
1-year program of tr
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Federal law — U.S. Code and appendices · legal_authorities
Page 1051
TITLE 20—EDUCATION
§ 2301
Pub. L. 88–210 was subsequently redesignated as title I
and amended generally by Pub. L. 90–576, title I, § 101,
Oct. 16, 1968, 82 Stat. 1064, further amended by Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92–318, June 23,
1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat.
484; Pub. L. 93–567, Dec. 31, 1974, 88 Stat. 1845; Pub. L.
94–135, Nov. 28, 1975, 89 Stat. 713; Pub. L. 94–273, Apr. 21,
1976, 90 Stat. 375, and reclassified to chapter 32
(§§ 1241–1393f) of this title. Title I of Pub. L. 88–210 was
subsequently amended generally by Pub. L. 94–482, title
II, § 202(a), Oct. 12, 1976, 90 Stat. 2169, and reclassified to
this chapter. Pub. L. 88–210 was subsequently amended
by Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2435, by
striking out all after the enacting clause and inserting
in lieu thereof titles I to V (§§ 1–521), to be cited as the
Carl D. Perkins Vocational Education Act, and further
amended by Pub. L. 99–159, Nov. 22, 1985, 99 Stat. 887;
Pub. L. 99–357, July 8, 1986, 100 Stat. 761; Pub. L. 100–202,
Dec. 22, 1987, 101 Stat. 1329; Pub. L. 100–297, Apr. 28, 1988,
102 Stat. 130; Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1107.
Pub. L. 88–210 was subsequently extensively amended
by Pub. L. 101–392, Sept. 25, 1990, 104 Stat. 753, including
an amendment to provide that the Act be cited as the
Carl D. Perkins Vocational and Applied Technology
Education Act, and was further amended by Pub. L.
101–476, Oct. 30, 1990, 104 Stat. 1103; Pub. L. 102–103, Aug.
17, 1991, 105 Stat. 497; Pub. L. 102–367, Sept. 7, 1992, 106
Stat. 1021; Pub. L. 103–208, Dec. 20, 1993, 107 Stat. 2457;
Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125; Pub. L.
103–239, May 4, 1994, 108 Stat. 568; Pub. L. 103–382, Oct.
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 2301
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