25 U.S.C. § 1805 — Technical assistance contracts

Page 374 TITLE 25—INDIANS § 1804 1336; Pub. L. 105–244, title IX, § 901(b)(5), (6), (12), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244, § 901(b)(6), sub- stituted ‘‘colleges or universities’’ for ‘‘community col- leges’’. Subsec. (b). Pub. L. 105–244, § 901(b)(5), (12), sub- stituted ‘‘controlled college or university’’ for ‘‘con- trolled community college’’ and ‘‘the college or univer- sity’’ for ‘‘the college’’. 1983—Subsec. (a). Pub. L. 98–192, § 3(a)(1), substituted ‘‘shall, subject to appropriations,’’ for ‘‘is authorized to’’. Subsec. (b). Pub. L. 98–192, § 3(a)(2), substituted ‘‘to defray, at the determination of the tribally controlled community college, expenditures for academic, edu- cational, and administrative purposes and for the oper- ation and maintenance of the college’’ for ‘‘to defray the expense of activities related to education programs for Indian students’’. 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. § 1804. Eligible grant recipients To be eligible for assistance under this sub- chapter, a tribally controlled college or univer- sity must be one which— (1) is governed by a board of directors or board of trustees a majority of which are Indi- ans; (2) demonstrates adherence to stated goals, a philosophy, or a plan of operation which is di- rected to meet the needs of Indians; (3) if in operation for more than one year, has students a majority of whom are Indians; and (4)(A) is accredited by a nationally recog- nized accrediting agency or association deter- mined by the Secretary of Education to be a reliable authority with regard to the quality of training offered; or (B) according to such an agency or associa- tion, is making reasonable progress toward ac- creditation. (Pub. L. 95–471, title I, § 103, Oct. 17, 1978, 92 Stat. 1326; Pub. L. 105–244, title IX, § 901(b)(5), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(d), Aug. 14, 2008, 122 Stat. 3461.) Editorial Notes AMENDMENTS 2008—Par. (4). Pub. L. 110–315 added par. (4). 1998—Pub. L. 105–244 substituted ‘‘college or univer- sity’’ for ‘‘community college’’ in introductory provi- sions. 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. § 1804a. Planning grants (a) Establishment of program The Secretary shall establish a program in ac- cordance with this section to make grants to tribes and tribal entities (1) to conduct planning activities for the purpose of developing pro- posals for the establishment of tribally con- trolled colleges or universities, or (2) to deter- mine the need and potential for the establish- ment of such colleges or universities. (b) Procedures for submission and review of ap- plications The Secretary shall establish, by regulation, procedures for the submission and review of ap- plications for grants under this section. (c) Reservation of funds; number of grants From the amount appropriated to carry out this subchapter for any fiscal year (exclusive of sums appropriated for section 1805 of this title), the Secretary shall reserve (and expend) an amount necessary to make grants to five appli- cants under this section of not more than $15,000 each, or an amount necessary to make grants in that amount to each of the approved applicants, if less than five apply and are approved. (Pub. L. 95–471, title I, § 104, as added Pub. L. 98–192, § 4(a)(2), Dec. 1, 1983, 97 Stat. 1336; amend- ed Pub. L. 105–244, title IX, § 901(b)(6), (8), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244 substituted ‘‘con- trolled colleges or universities’’ for ‘‘controlled com- munity colleges’’ in cl. (1) and ‘‘such colleges or univer- sities’’ for ‘‘such colleges’’ in cl. (2). 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. § 1805. Technical assistance contracts (a) Technical assistance (1) In general The Secretary shall provide, upon request from a tribally controlled college or univer- sity which is receiving funds under section 1808 of this title, 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. (Pub. L. 95–471, title I, § 105, formerly § 104, Oct. 17, 1978, 92 Stat. 1326; renumbered § 105 and 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.