25 U.S.C. § 1862 — Tribally controlled postsecondary career

Page 386 TITLE 25—INDIANS § 1852 1 See References in Text note below. coordination of, all vocational activities (and academically related training) serving all stu- dents of the Indian tribe involved in the grant. (6) The evaluation of such grants and their effect on the needs developed under paragraph (1) and tribal economic self-sufficiency. (b) Amount and duration The grants shall be of such amount and dura- tion as to afford the greatest opportunity for success and the generation of relevant data. (c) Applications Institutions which receive funds under other subchapters of this chapter or the Navajo Com- munity College Act may apply for grants under this subchapter either individually or as con- sortia. Each applicant shall act in cooperation with an Indian tribe or tribes in developing and implementing a grant under this subchapter.1 (Pub. L. 95–471, title IV, § 402, as added Pub. L. 101–392, title III, § 312, Sept. 25, 1990, 104 Stat. 804; amended Pub. L. 105–244, title IX, § 901(b)(6), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes REFERENCES IN TEXT The Navajo Community College Act, referred to in subsecs. (a) and (c), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of this title and was omitted from the Code as being of special and not general application. This subchapter, referred to at the end of subsec. (c), was in the original ‘‘this part’’ and was translated as reading ‘‘this title’’ to reflect the probable intent of Congress because title IV of Pub. L. 95–471, which com- prises this subchapter, does not contain parts. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244 substituted ‘‘col- leges or universities’’ for ‘‘community colleges’’ in in- troductory provisions. 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. EFFECTIVE DATE Subchapter effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as a note under section 3423a of Title 20, Education. SHORT TITLE For short title of title IV of Pub. L. 95–471, which en- acted this subchapter, as the ‘‘Tribal Economic Devel- opment and Technology Related Education Assistance Act of 1990’’, see section 401 of Pub. L. 95–471, set out as a Short Title note under section 1801 of this title. § 1852. Authorization of appropriations There are authorized to be appropriated for grants under this subchapter, such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five suc- ceeding fiscal years. (Pub. L. 95–471, title IV, § 403, as added Pub. L. 101–392, title III, § 312, Sept. 25, 1990, 104 Stat. 805; amended Pub. L. 102–325, title XIII, § 1301(c), July 23, 1992, 106 Stat. 797; Pub. L. 105–244, title IX, § 901(a)(2)(C), Oct. 7, 1998, 112 Stat. 1827; Pub. L. 110–315, title IX, § 941(i), Aug. 14, 2008, 122 Stat. 3463.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–315 substituted ‘‘such sums as may be necessary for fiscal year 2009’’ for ‘‘$2,000,000 for fis- cal year 1999’’ and ‘‘five succeeding’’ for ‘‘4 succeeding’’. 1998—Pub. L. 105–244 substituted ‘‘1999’’ for ‘‘1993’’. 1992—Pub. L. 102–325 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1993 to 1997 for provisions authorizing appro- priations for fiscal years 1991 to 1996. 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. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of Title 20, Education. SUBCHAPTER IV—TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECH- NICAL INSTITUTIONS § 1861. Definition of tribally controlled postsec- ondary career and technical institution In this subchapter, the term ‘‘tribally con- trolled postsecondary career and technical insti- tution’’ has the meaning given the term in sec- tion 2302 of title 20. (Pub. L. 95–471, title V, § 501, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3463.) § 1862. Tribally controlled postsecondary career and technical institutions program (a) In general Subject to the availability of appropriations, for fiscal year 2009 and each fiscal year there- after, the Secretary shall— (1) subject to subsection (b), select two trib- ally controlled postsecondary career and tech- nical 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 insti- tutional support costs) of operating postsec- ondary career and technical education pro- grams for Indian students at the tribally con- trolled postsecondary career and technical in- stitutions. (b) Selection of certain institutions (1) Requirement For each fiscal year during which the Sec- retary 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, the Page 387 TITLE 25—INDIANS § 1863 1 See References in Text note below. 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 made available pursu- ant to section 1864 of this title, the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount equal to the greater of— (A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2006; or (B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2008. (2) Excess amounts If, for any fiscal year, the amount made available pursuant to section 1864 of this title exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall dis- tribute to each tribally controlled postsec- ondary career and technical institution se- lected for that fiscal year a portion of the ex- cess amount, to be determined by— (A) dividing the excess amount by the ag- gregate Indian student count (as defined in section 2327(h) of title 20) of such institu- tions for the prior academic year; and (B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year. (Pub. L. 95–471, title V, § 502, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3463.) § 1863. Applicability of other laws (a) In general Paragraphs (4) and (8) of subsection (a), and subsection (b), of section 1801 of this title, sec- tions 1805, 1808, 1811, 1812 and 1813 of this title, subchapters II and III of this chapter, and title II 1 shall not apply to this subchapter. (b) Indian self-determination and education as- sistance Funds made available pursuant to this sub- chapter shall be subject to the Indian Self-De- termination and Education Assistance Act (25 U.S.C. 450 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 may elect to receive funds pursuant to section 1862 of this title 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 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 finan- cial assistance under— (1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (2) any program under the Carl D. Perkins Career and Technical Education Act of 2006 [20 U.S.C. 2301 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 institu- tions. (Pub. L. 95–471, title V, § 503, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3464.) Editorial Notes REFERENCES IN TEXT Title II, referred to in subsec. (a), is title II of Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1329, known as the Nav- ajo Community College Assistance Act of 1978, which enacted former section 640c–1 of this title, amended former section 640c of this title, and enacted provisions set out as notes under former sections 640a and 640c–1 of this title. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsecs. (b) and (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial re- classification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (d)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (d)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.