25 U.S.C. § 1832 — Untitled legal text

Page 383 TITLE 25—INDIANS § 1832 sult with national Indian organizations to con- sider and formulate appropriate rules and regu- lations for the conduct of the grant program es- tablished by this subchapter. (b) Publication Within six months from October 17, 1978, the Secretary shall publish proposed rules and regu- lations in the Federal Register for the purpose of receiving comments from interested parties. (c) Promulgation Within ten months from October 17, 1978, the Secretary shall promulgate rules and regula- tions for the conduct of the grant program es- tablished by this subchapter. (d) Source of appropriations Funds to carry out the purposes of this section may be drawn from general administrative ap- propriations to the Secretary made after Octo- ber 17, 1978. (Pub. L. 95–471, title I, § 115, formerly § 114, Oct. 17, 1978, 92 Stat. 1329; renumbered § 115, Pub. L. 98–192, § 4(a)(1), Dec. 1, 1983, 97 Stat. 1336.) Statutory Notes and Related Subsidiaries PROMULGATION OF REGULATIONS; CONSULTATION Pub. L. 98–192, § 15, Dec. 1, 1983, 97 Stat. 1343, provided that: ‘‘In promulgating any regulations to implement the amendments made by this Act [enacting sections 1804a and 1831 to 1836 of this title and amending former section 640c–1 and sections 1801 to 1803 and 1805 to 1813 of this title], the Secretary of the Interior shall consult with tribally controlled community colleges.’’ SUBCHAPTER II—TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ENDOWMENT PROGRAM § 1831. Purpose It is the purpose of this subchapter to provide grants for the encouragement of endowment funds for the operation and improvement of trib- ally controlled colleges or universities. (Pub. L. 95–471, title III, § 301, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1341; amended Pub. L. 105–244, title IX, § 901(b)(6), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–244 substituted ‘‘colleges or univer- sities’’ for ‘‘community colleges’’. 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. § 1832. Establishment of program; program agreements (a) From the amount appropriated pursuant to section 1836 of this title, the Secretary shall es- tablish a program of making endowment grants to tribally controlled colleges or universities which are current recipients of assistance under section 1807 of this title or under section 3 of the Navajo Community College Act. No such college or university shall be ineligible for such a grant for a fiscal year by reason of the receipt of such a grant for a preceding fiscal year, but no such college or university shall be eligible for such a grant for a fiscal year if such college or univer- sity has been awarded a grant under section 1065 of title 20 for such fiscal year. (b) No grant for the establishment of an en- dowment fund by a tribally controlled college or university shall be made unless such college or university enters into an agreement with the Secretary which— (1) provides for the investment and mainte- nance of a trust fund, the corpus and earnings of which shall be invested in the same manner as funds are invested under paragraph (2) of section 1065(c) of title 20, except that for pur- poses of this paragraph, the term ‘‘trust fund’’ means a fund established by an institution of higher education or by a foundation that is ex- empt from taxation and is maintained for the purpose of generating income for the support of the institution, and may include real es- tate; (2) provides for the deposit in such trust fund of— (A) any Federal capital contributions made from funds appropriated under section 1836 of this title; (B) a capital contribution by such college or university in an amount (or of a value) equal to half of the amount of each Federal capital contribution; and (C) any earnings of the funds so deposited; (3) provides that such funds will be deposited in such a manner as to insure the accumula- tion of interest thereon at a rate not less than that generally available for similar funds de- posited at the banking or savings institution for the same period or periods of time; (4) provides that, if at any time such college or university withdraws any capital contribu- tion made by that college or university, an amount of Federal capital contribution equal to twice the amount of (or value of) such with- drawal shall be withdrawn and returned to the Secretary for reallocation to other colleges or universities; (5) provides that no part of the net earnings of such trust fund will inure to the benefit of any private person; and (6) includes such other provisions as may be necessary to protect the financial interest of the United States and promote the purpose of this subchapter and as are agreed to by the Secretary and the college or university, in- cluding a description of recordkeeping proce- dures for the expenditure of accumulated in- terest which will allow the Secretary to audit and monitor programs and activities con- ducted with such interest. (Pub. L. 95–471, title III, § 302, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1341; amended Pub. L. 101–477, § 1(d)(1)(A), (B), Oct. 30, 1990, 104 Stat. 1152, 1153; Pub. L. 103–382, title III, § 383, Oct. 20, 1994, 108 Stat. 4018; Pub. L. 105–244, title IX, § 901(b)(5)–(7), (12), (14), (15), Oct. 7, 1998, 112 Stat. 1828.) 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.