25 U.S.C. § 1807 — Grants to tribally controlled colleges or

Page 375 TITLE 25—INDIANS § 1807 1 So in original. Probably should be ‘‘an’’. 1 So in original. Probably should be ‘‘an’’. amended Pub. L. 98–192, §§ 4(a)(1), 5, Dec. 1, 1983, 97 Stat. 1336; Pub. L. 105–244, title IX, § 901(b)(5), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(e), Aug. 14, 2008, 122 Stat. 3461.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–315 inserted subsec. and par. des- ignations and headings, designated first sentence as par. (1) of subsec. (a), designated second sentence as par. (2) of subsec. (a) and substituted ‘‘The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded’’ for ‘‘In the awarding of contracts for technical assistance, pref- erence shall be given’’, and designated third sentence as subsec. (b). 1998—Pub. L. 105–244 substituted ‘‘college or univer- sity’’ for ‘‘community college’’ in two places. 1983—Pub. L. 98–192, § 5, inserted ‘‘from a tribally con- trolled community college which is receiving funds under section 1808 of this title’’ and struck out ‘‘to trib- ally controlled community colleges’’ before ‘‘either di- rectly’’. 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. § 1806. Eligibility studies (a) Development of plans, procedures, and cri- teria 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 stud- ies. (b) Initiation by Secretary; grant applications and budgets The Secretary, within thirty days after a re- quest by any Indian tribe, shall initiate a 1 eligi- bility study to determine whether there is jus- tification to encourage and maintain a tribally controlled college or university, and, upon a positive determination, shall aid in the prepara- tion 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 for such fiscal year. (Pub. L. 95–471, title I, § 106, formerly § 105, Oct. 17, 1978, 92 Stat. 1326; renumbered § 106 and amended Pub. L. 98–192, §§ 4(a)(1), (b)(1), 6(a), Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 105–244, title IX, § 901(b)(5), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–244 substituted ‘‘college or university’’ for ‘‘community college’’. 1983—Subsec. (a). Pub. L. 98–192, § 6(a)(2), (3), sub- stituted ‘‘eligibility’’ for ‘‘feasibility’’ and ‘‘Secretary of Education’’ for ‘‘Assistant Secretary of Education of the Department of Health, Education, and Welfare’’. Subsec. (b). Pub. L. 98–192, § 6(a)(2), (4), inserted provi- sion that such positive determination be effective for fiscal year succeeding fiscal year in which such deter- mination is made, and substituted ‘‘eligibility’’ for ‘‘feasibility’’. Subsec. (c)(2). Pub. L. 98–192, §§ 4(b)(1), 6(a)(5), sub- stituted ‘‘5 per centum’’ for ‘‘10 per centum’’ and made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section. 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. § 1807. Grants to tribally controlled colleges or universities (a) Submission of applications; necessity of eligi- bility study Grants shall be made under this subchapter only in response to applications by tribally con- trolled colleges or universities. Such applica- tions shall be submitted at such time, in such manner, and will contain or be accompanied by such information as the Secretary may reason- ably require pursuant to regulations. Such ap- plication shall include a description of record- keeping procedures for the expenditure of funds received under this chapter which will allow the Secretary to audit and monitor programs con- ducted with such funds. The Secretary shall not consider any grant application unless a 1 eligi- bility study has been conducted under section 1806 of this title and it has been found that the applying college or university will service a rea- sonable student population. (b) Determination of support; factors considered The Secretary shall consult with the Sec- retary of Education to determine the reasonable number of students required to support a trib- ally controlled college or university. Consider- ation shall be given to such factors as tribal and cultural differences, isolation, the presence of alternate education sources, and proposed cur- riculum. (c) Priority and number of grants Priority in grants shall be given to institu- tions 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 ap- propriated to carry out this section, the number of grants shall be limited to not less than eight nor more than fifteen. 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,