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

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

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

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Source file: Laws/federal/codes/united-states-code/title-25/section-1833-establishment-of-program-program-agreements--cafaa18cac.md
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Source location: Title 25, Chapter 20, § 1833; chapter-020-tribally-controlled-colleges-and-universities-assistance.md

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**(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 real estate; (2) provides for the deposit in such trust fund of— (A) any Federal capital contributions made from funds appropriated under [section 1836 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1836&num=0&edition=prelim); (B) a capital contribution by such college or university in an amount (or of a value) equal to half of the amount of each Federal capital contribution; and (C) any earnings of the funds so deposited; (3) provides that such funds will be deposited in such a manner as to insure the accumulation of interest thereon at a rate not less than that generally available for similar funds deposited at the banking or savings institution for the same period or periods of time; (4) provides that, if at any time such college or university withdraws any capital contribution made by that college or university, an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal shall be withdrawn and returned to the Secretary for reallocation to other colleges or universities; (5) provides that no part of the net earnings of such trust fund will inure to the benefit of any private person; and (6) includes such other provisions as may be necessary to protect the financial interest of the United States and promote the purpose of this subchapter and as are agreed to by the Secretary and the college or university, including a description of recordkeeping procedures for the expenditure of accumulated interest which will allow the Secretary to audit and monitor programs and activities conducted with such interest.

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

20 U.S.C. § 1065 — Repealed. Pub. L. 102–325, title III, § 304(a)(2), July 23, 1992, 106 Stat. 476

### Statutory Notes Section, Pub. L. 89–329, title III, § 331, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298, related to establishment of challenge grant program. A prior section 1064, Pub. L. 89–329, title III, § 331, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395; amended Pub. L. 97–35, title V, § 516(c)(2), Aug. 13, 1981, 95 Stat. 447, established a challenge grant program, prior to the general revision of this subchapter by Pub. L. 99–498. Another prior section 1064, Pub. L. 89–329, title IV, § 404, Nov. 8, 1965, 79 Stat. 1233, related to time and manner of making application for grant, selection of recipients and conditions precedent to award, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. #### Effective Date of Repeal Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim).

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

25 U.S.C. § 640b — Omitted

### Statutory Notes #### Codification Section, Pub. L. 92–189, § 3, Dec. 15, 1971, 85 Stat. 646; Pub. L. 110–315, title IX, § 946(b), Aug. 14, 2008, 122 Stat. 3468, which authorized the Secretary of the Interior to make grants to the Navajo Nation to assist the tribe in the construction, maintenance, and operation of Diné College, 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

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. § 1836 — Allocation of funds

**(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 allocate to each tribally controlled college or university which is eligible for an endowment grant under this subchapter an amount for a Federal capital contribution equal to twice the value of the property or the amount which such college or university demonstrates has been placed within the control of, or irrevocably committed to the use of, the college or university and is available for deposit as a capital contribution of that college or university in accordance with [section 1832(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1832/b/2/B&num=0&edition=prelim), except that the maximum amount which may be so allocated to any such college or university for any fiscal year shall not exceed $750,000. **(b)** If for any fiscal year 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) is not sufficient to allocate to each tribally controlled college or university an amount equal to twice the value of the property or the amount demonstrated by such college or university pursuant to subsection (a), then the amount of the allocation to each such college or university shall be ratably reduced.

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

25 U.S.C. § 1833 — Use of funds

Page 384 TITLE 25—INDIANS § 1833 Editorial Notes REFERENCES IN TEXT Section 3 of the Navajo Community College Act, re- ferred to in subsec. (a), is section 3 of Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to sec- tion 640b of this title and was omitted from the Code as being of special and not general application. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244, § 901(b)(6), (7), sub- stituted ‘‘colleges or universities’’ for ‘‘community col- leges’’ and substituted ‘‘such college or university’’ for ‘‘such college’’ wherever appearing. Subsec. (b). Pub. L. 105–244, § 901(b)(5), (7), in introduc- tory provisions, substituted ‘‘controlled college or uni- versity’’ for ‘‘controlled community college’’ and ‘‘such college or university’’ for ‘‘such college’’. Subsec. (b)(2)(B). Pub. L. 105–244, § 901(b)(7), sub- stituted ‘‘such college or university’’ for ‘‘such col- lege’’. Subsec. (b)(4). Pub. L. 105–244, § 901(b)(7), (14), (15), sub- stituted ‘‘such college or university’’ for ‘‘such col- lege’’, ‘‘that college or university’’ for ‘‘that college’’, and ‘‘other colleges or universities’’ for ‘‘other col- leges’’. Subsec. (b)(6). Pub. L. 105–244, § 901(b)(12), substituted ‘‘the college or university’’ for ‘‘the college’’. 1994—Subsec. (a). Pub. L. 103–382, § 383(1), substituted ‘‘section 1065 of title 20’’ for ‘‘section 1065a of title 20’’. Subsec. (b)(1). Pub. L. 103–382, § 383(2)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘provides for the establishment and mainte- nance of a trust fund at a federally insured banking or savings institution;’’. Subsec. (b)(3). Pub. L. 103–382, § 383(2)(B), struck out ‘‘same’’ before ‘‘banking or savings institution’’. 1990—Subsec. (b)(2)(B). Pub. L. 101–477, § 1

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