25 U.S.C. § 1808 — Amount of grants

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 subsec. (e) which directed the Secretary to report to Congress on Jan. 15 of each year the current status of tribally con- trolled community colleges and his recommendations for needed action. 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. § 1808. Amount of grants (a) Requirement (1) In general Except as provided in paragraph (2) and sec- tion 1811 of this title, the Secretary shall, sub- ject to appropriations, grant for each aca- demic year to each tribally controlled college or university having an application approved by the Secretary an amount equal to the prod- uct obtained by multiplying— (A) the Indian student count at such col- lege or university during the academic year preceding the academic year for which such funds are being made available, as deter- mined by the Secretary in accordance with section 1801(a)(8) of this title; and (B) $8,000, as adjusted annually for infla- tion. (2) Exception The amount of a grant under paragraph (1) shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled college or uni- versity. (b) Advance installment payments; adjustments; methods of payment; interest or investment income; types of investments (1) The Secretary shall make payments, pursu- ant to grants under this chapter, of not less than 95 percent of the funds available for allot- ment by October 15 or no later than 14 days after appropriations become available, with a pay- ment equal to the remainder of any grant to which a grantee is entitled to be made no later than January 1 of each fiscal year. (2) Notwithstanding any other provision of law, the Secretary shall not, in disbursing funds provided under this subchapter, use any method of payment which was not used during fiscal year 1987 in the disbursement of funds provided under this subchapter. (3)(A) Notwithstanding any provision of law other than subparagraph (B), any interest or in- vestment income that accrues on any funds pro- vided under this subchapter after such funds are paid to the tribally controlled college or univer- sity and before such funds are expended for the purpose for which such funds were provided under this subchapter shall be the property of the tribally controlled college or university and shall not be taken into account by any officer or employee of the Federal Government in deter- mining whether to provide assistance, or the amount of assistance, to the tribally controlled college or university under any provision of Fed- eral law. (B) All interest or investment income de- scribed in subparagraph (A) shall be expended by the tribally controlled college or university by no later than the close of the fiscal year suc- ceeding the fiscal year in which such interest or investment income accrues. (4) Funds provided under this subchapter may only be invested by the tribally controlled col- lege or university in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States. (c) Accounting by recipient institutions; data col- lection system (1) Each institution receiving payments under this subchapter shall annually provide to the Secretary an accurate and detailed accounting of its operating and maintenance expenses and such other information concerning costs as the Secretary may request. (2) The Secretary shall, in consultation with the National Center for Education Statistics, es- tablish a data collection system for the purpose of obtaining accurate information with respect to the needs and costs of operation and mainte- nance of tribally controlled colleges or univer- sities. (d) Construction of section Nothing in this section shall be construed as interfering with, or suspending the obligation of the Bureau for, the implementation of all legis- lative provisions enacted prior to April 28, 1988, specifically including those of Public Law 98–192. (Pub. L. 95–471, title I, § 108, formerly § 107, Oct. 17, 1978, 92 Stat. 1327; Pub. L. 97–375, title I, Page 377 TITLE 25—INDIANS § 1809 1 See References in Text note below. 2 So in original. Two subsecs. (c) have been enacted. § 108(c), Dec. 21, 1982, 96 Stat. 1820; renumbered § 108 and amended Pub. L. 98–192, §§ 4(a)(1), 7, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99–428, § 4, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100–297, title V, § 5402(a), Apr. 28, 1988, 102 Stat. 415; Pub. L. 100–427, § 24, Sept. 9, 1988, 102 Stat. 1613; Pub. L. 101–477, § 1(a), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 105–244, title IX, § 901(a)(1), (b)(5)–(7), Oct. 7, 1998, 112 Stat. 1827, 1828; Pub. L. 110–315, title IX, § 941(f), Aug. 14, 2008, 122 Stat. 3462.) Editorial Notes REFERENCES IN TEXT Public Law 98–192, referred to in subsec. (d), is Pub. L. 98–192, Dec. 1, 1983, 97 Stat. 1335, which enacted sec- tions 1804a and 1831 to 1836 of this title, amended former section 640c–1 and sections 1801 to 1803 and 1805 to 1813 of this title, and enacted provisions set out as a note under section 1815 of this title. For complete classifica- tion of Pub. L. 98–192 to the Code, see Tables. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315 inserted subsec. (a) and par. (1) headings, designated introductory provi- sions and pars. (1) and (2) as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respec- tively, of par. (1), in introductory provisions, sub- stituted ‘‘Except as provided in paragraph (2) and sec- tion 1811 of this title,’’ for ‘‘Except as provided in sec- tion 1811 of this title,’’, ‘‘approved by the Secretary’’ for ‘‘approved by him’’, and ‘‘product obtained by mul- tiplying’’ for ‘‘product of’’, in subpar. (A), substituted ‘‘section 1801(a)(8) of this title’’ for ‘‘section 1801(a)(7) of this title’’, in subpar. (B), substituted ‘‘$8,000, as ad- justed annually for inflation.’’ for ‘‘$6,000,’’, added par. (2), and struck out former concluding provisions which read as follows: ‘‘except that no grant shall exceed the total cost of the education program provided by such college or university.’’ 1998—Subsec. (a). Pub. L. 105–244, § 901(a)(1), (b)(5), (7), substituted ‘‘controlled college or university’’ for ‘‘con- trolled community college’’ in introductory provisions, ‘‘such college or university’’ for ‘‘such college’’ in par. (1) and concluding provisions, and ‘‘$6,000’’ for ‘‘$5,820’’ in par. (2). Subsec. (b)(3), (4). Pub. L. 105–244, § 901(b)(5), sub- stituted ‘‘college or university’’ for ‘‘community col- lege’’ wherever appearing. Subsec. (c)(2). Pub. L. 105–244, § 901(b)(6), substituted ‘‘colleges or universities’’ for ‘‘community colleges’’. 1990—Subsec. (a)(1). Pub. L. 101–477, § 1(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘the Indian student count at such college dur- ing such academic year, as determined by the Sec- retary in accordance with section 1801(a)(7) of this title; and’’. Subsec. (b)(1). Pub. L. 101–477, § 1(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The Secretary shall make payments, pursuant to grants under this subchapter, in advance install- ments of not less than 40 per centum of the funds avail- able for allotment, based on anticipated or actual num- bers of full-time equivalent Indian students or such other factors as determined by the Secretary. Adjust- ments for overpayments and underpayments shall be applied to the remainder of such funds and such re- mainder shall be delivered no later than July 1 of each year.’’ Subsecs. (c), (d). Pub. L. 101–477, § 1(a)(3), redesignated subsec. (c), relating to construction of section, as (d). 1988—Subsec. (b). Pub. L. 100–297 designated existing provisions as par. (1) and added pars. (2) to (4). Subsec. (c). Pub. L. 100–427 added subsec. (c) relating to construction of section. 1986—Subsec. (a)(2). Pub. L. 99–428 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘(A) $4,000 for fiscal year 1984, ‘‘(B) $5,025 for fiscal year 1985, ‘‘(C) $5,415 for fiscal year 1986, and ‘‘(D) $5,820 for fiscal year 1987,’’. 1983—Subsec. (a). Pub. L. 98–192 amended subsec. (a) generally, substituting provision establishing a for- mula premised on Indian student count at each tribally controlled community college on which funding is to be based for provision which directing the Secretary to grant an amount equal to $4,000 for each full-time equivalent Indian student in attendance during the academic year to each tribally controlled community college having an application approved by the Sec- retary. 1982—Subsec. (c)(2). Pub. L. 97–375 struck out pro- vision directing Secretary to report annually to Con- gress on needs of tribally controlled community col- leges. 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 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100–297, see section 6303 of Pub. L. 100–297, set out as a note under section 1071 of Title 20, Education. § 1809. Effect on other programs (a) Eligibility for assistance Except as specifically provided in this sub- chapter, eligibility for assistance under this sub- chapter shall not, by itself, preclude the eligi- bility of any tribally controlled college or uni- versity to receive Federal financial assistance under any program authorized under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institu- tions. (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 shall not be al- tered because of funds allocated to any such col- leges or universities from funds appropriated under section 13 of this title. (2) No tribally controlled college or university shall be denied funds appropriated under section 13 of this title 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 ap- propriated under section 13 of this title may be denied a contract for such portion under the In- dian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.) 1 (except as pro- vided in that Act), or denied appropriate con- tract support to administer such portion of the appropriated funds. (c) 2 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