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25 U.S.C. § 1810 — Effect on other programs

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25 U.S.C. § 1810 — Effect on other programs

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Source location: Title 25, Chapter 20, § 1810; chapter-020-tribally-controlled-colleges-and-universities-assistance.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1808&num=0&edition=prelim) shall not be altered because of funds allocated to any such colleges or universities from funds appropriated under [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim). (2) No tribally controlled college or university shall be denied funds appropriated under [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim) may be denied a contract for such portion 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.) 11 See References in Text note below. (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds. **(c) 22 So in original. Two subsecs. (c) have been enacted. 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1058/2/A/i&num=0&edition=prelim), 1061(a)(2)(A)(i)],33 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a&num=0&edition=prelim) et seq.]. **(c) 2 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.

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

20 U.S.C. § 1070a — Statement of purpose; program authorization

**(a) Purpose** It is the purpose of this part, to assist in making available the benefits of postsecondary education to eligible students (defined in accordance with [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim)) in institutions of higher education by— (1) providing Federal Pell Grants to all eligible students; (2) providing supplemental educational opportunity grants to those students who demonstrate financial need; (3) providing for payments to the States to assist them in making financial aid available to such students; (4) providing for special programs and projects designed (A) to identify and encourage qualified youths with financial or cultural need with a potential for postsecondary education, (B) to prepare students from low-income families for postsecondary education, and (C) to provide remedial (including remedial language study) and other services to students; and (5) providing assistance to institutions of higher education. **(b) Secretary required to carry out purposes** The Secretary shall, in accordance with subparts 1 through 9 of this part, carry out programs to achieve the purposes of this part.

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25 U.S.C. § 5301 — Application of other sections of this chapter

**(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

20 U.S.C. § 1071 — Statement of purpose; nondiscrimination; and appropriations authorized

**(a) Purpose; discrimination prohibited** (1) **Purpose** — The purpose of this part is to enable the Secretary— (A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in [section 1085 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085&num=0&edition=prelim)), (B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under [section 1078(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim), (C) to pay a portion of the interest on loans to qualified students which are insured under this part, and (D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of [section 1078(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1/B&num=0&edition=prelim). (2) **Discrimination by creditors prohibited** — No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit or provides insurance under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit or insurance on the basis of race, national origin, religion, sex, marital status, age, or handicapped status. **(b) Authorization of appropriations** For the purpose of carrying out this part— (1) there are authorized to be appropriated to

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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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25 U.S.C. § 450 — Transferred

### 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

25 U.S.C. § 13 — Expenditure of appropriations by Bureau

The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

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25 U.S.C. § 1808 — Grants to tribally controlled colleges or universities

**(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 11 So in original. Probably should be “an”. eligibility study has been conducted under [section 1806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1806&num=0&edition=prelim) 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 governme

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

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

20 U.S.C. § 1058 — Program purpose

**(a) General authorization** The Secretary shall carry out a program, in accordance with this part, to improve the academic quality, institutional management, and fiscal stability of eligible institutions, in order to increase their self-sufficiency and strengthen their capacity to make a substantial contribution to the higher education resources of the Nation. **(b) Grants awarded; special consideration** (1) From the sums available for this part under [section 1068h(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068h/a/1&num=0&edition=prelim), the Secretary may award grants to any eligible institution with an application approved under [section 1068 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068&num=0&edition=prelim) in order to assist such an institution to plan, develop, or implement activities that promise to strengthen the institution. (2) Special consideration shall be given to any eligible institution— (A) which has endowment funds (other than any endowment fund built under [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1065&num=0&edition=prelim) as in effect on September 30, 1986, and under part B) the market value of which, per full-time equivalent student, is less than the average current market value of the endowment funds, per full-time equivalent student (other than any endowment fund built under [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1065&num=0&edition=prelim) as in effect on September 30, 1986, and under part B) at similar institutions; or (B) which has expenditures per full-time equivalent student for library materials whic

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

20 U.S.C. § 1058 — Definitions; eligibility

Page 276 TITLE 20—EDUCATION § 1058 1 So in original. Probably should be ‘‘subsection,’’. Subsecs. (c), (d). Pub. L. 105–244, § 303(a), added sub- secs. (c) and (d). 1987—Subsec. (b)(1). Pub. L. 100–50 substituted ‘‘sec- tion 1069f(a)(1) of this title’’ for ‘‘section 1069d(a)(1) of this title’’. 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 this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. § 1058. Definitions; eligibility (a) Educational and general expenditures For the purpose of this part, the term ‘‘edu- cational and general expenditures’’ means the total amount expended by an institution of higher education for instruction, research, pub- lic service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law. (b) Eligible institution For the purpose of this part, the term ‘‘eligi- ble institution’’ means— (1) an institution of higher education— (A) which has an enrollment of needy stu- dents as required by subsection (d); (B) except as provided in section 1068a(b) of this title, the average educational and gen- eral expenditures of which are low, per full- time equivalent undergraduate student, in comparison with the average educational and

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