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(d)(1)(A), substituted ‘‘(or of a value) equal to half of’’ for ‘‘equal to’’. Subsec. (b)(4). Pub. L. 101–477, § 1(d)(1)(B), substituted ‘‘an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal’’ for ‘‘an equal amount of Federal capital contribution’’. 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 1990 AMENDMENT Pub. L. 101–477, § 1(d)(2), Oct. 30, 1990, 104 Stat. 1153, provided that: ‘‘The amendments made by paragraphs (A) through (E) of subsection (a) [probably means sub- pars. (A) to (E) of subsec. (d)(1), amending this section and sections 1834 and 1835 of this title] shall take effect October 1, 1991.’’ § 1833. Use of funds Interest deposited, pursuant to section 1832(b)(2)(C) of this title, in the trust fund of any tribally controlled college or university may be periodically withdrawn and used, at the discre- tion of such college or university, to defray any expenses associated with the operation of such college or university, including expense of oper- ations and maintenance, administration, aca- demic and support personnel, community and student services programs, and technical assist- ance. (Pub. L. 95–471, title III, § 303, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1342; amended Pub. L. 105–244, title IX, § 901(b)(5), (7), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–244 substituted ‘‘controlled college or university’’ for ‘‘controlled community college’’ and substituted ‘‘such college or university’’ for ‘‘such col- lege’’ in two places. 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. § 1834. Compliance with matching requirement For the purpose of complying with the con- tribution requirement of section 1832(b)(2)(B) of this title, a tribally controlled college or univer- sity may use funds which are available from any private or tribal source. Any real or personal property received by a tribally controlled col- lege or university as a donation or gift on or after October 30, 1990, may, to the extent of its fair market value as determined by the Sec- retary, be used by such college or university as its contribution pursuant to section 1832(b)(2)(B) of this title, or as part of such contribution, as the case may be. In any case in which any such real or personal property so used is thereafter sold or otherwise disposed of by such college or university, the proceeds therefrom shall be de- posited pursuant to section 1832(b)(2)(B) of this title but shall not again be considered for Fed- eral capital contribution purposes. (Pub. L. 95–471, title III, § 304, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1342; amended Pub. L. 101–477, § 1(d)(1)(C), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 105–244, title IX, § 901(b)(5), (7), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–244 substituted ‘‘controlled college or university’’ for ‘‘controlled community college’’ in two places and ‘‘such college or university’’ for ‘‘such college’’ in two places. 1990—Pub. L. 101–477 inserted at end ‘‘Any real or per- sonal property received by a tribally controlled com- munity college as a donation or gift on or after October 30, 1990, may, to the extent of its fair market value as determined by the Secretary, be used by such college as its contribution pursuant to section 1832(b)(2)(B) of this title, or as part of such contribution, as the case may be. In any case in which any such real or personal prop- erty so used is thereafter sold or otherwise disposed of by such college, the proceeds therefrom shall be depos- ited pursuant to section 1832(b)(2)(B) of this title but shall not again be considered for Federal capital con- tribution purposes.’’ 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 1990 AMENDMENT Amendment by Pub. L. 101–477 effective Oct. 1, 1991, see section 1(d)(2) of Pub. L. 101–477, set out as a note under section 1832 of this title.