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25 U.S.C. § 1808 — Grants to tribally controlled colleges or universities
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 25, Chapter 20, § 1808; chapter-020-tribally-controlled-colleges-and-universities-assistance.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Technical assistance**
(1) **In general** — The Secretary shall provide, upon request from a tribally controlled college or university which is receiving funds under [section 1808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1808&num=0&edition=prelim), technical assistance either directly or through contract.
(2) **Designated organization** — The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded to an organization designated by the tribally controlled college or university to be assisted.
**(b) Effect of section** No authority to enter into contracts provided by this section shall be effective except to the extent authorized in advance by appropriations Acts.
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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
**(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 Educati
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 376
TITLE 25—INDIANS
§ 1808
(d) Consultation with national Indian organiza-
tions and tribal governments
In making grants pursuant to this section, the
Secretary shall, to the extent practicable, con-
sult with national Indian organizations and with
tribal governments chartering the institutions
being considered.
(Pub. L. 95–471, title I, § 107, formerly § 106, Oct.
17, 1978, 92 Stat. 1327; Pub. L. 97–375, title I,
§ 108(c), Dec. 21, 1982, 96 Stat. 1820; renumbered
§ 107 and amended Pub. L. 98–192, §§ 3(b), 4(a)(1),
(b)(2), 6(b), Dec. 1, 1983, 97 Stat. 1336, 1337; Pub.
L. 105–244, title IX, § 901(b)(4)–(6), Oct. 7, 1998, 112
Stat. 1828.)
Editorial Notes
AMENDMENTS
1998—Pub. L. 105–244, § 901(b)(4), substituted ‘‘colleges
or universities’’ for ‘‘community colleges’’ in section
catchline.
Subsec. (a). Pub. L. 105–244, § 901(b)(5), (6), substituted
‘‘colleges or universities’’ for ‘‘community colleges’’
and ‘‘college or university’’ for ‘‘community college’’.
Subsec. (b). Pub. L. 105–244, § 901(b)(5), substituted
‘‘college or university’’ for ‘‘community college’’.
1983—Subsec. (a). Pub. L. 98–192, § 6(b)(1), substituted
‘‘eligibility’’ for ‘‘feasibility’’.
Pub. L. 98–192, § 4(b)(2), made a technical amendment
to reference to section 1806 of this title to reflect re-
numbering of that section.
Pub. L. 98–192, § 3(b), inserted provision that such ap-
plication include a description of the recordkeeping
procedures for expenditure of funds as will allow Sec-
retary to audit and monitor programs conducted with
such funds.
Subsec. (b). Pub. L. 98–192, § 6(b)(2), substituted ‘‘Sec-
retary of Education’’ for ‘‘Assistant Secretary of Edu-
cation of the Department of Health, Education, and
Welfare’’.
1982—Subsec. (e). Pub. L. 97–375 struck out sub
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1808
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