25 U.S.C. § 1809 — Effect on other programs

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 Page 378 TITLE 25—INDIANS § 1810 3 See References in Text note below. 1965 [20 U.S.C. 1058(2)(A)(i), 1061(a)(2)(A)(i)],3 any Indian student who receives a student assistance grant from the Bureau of Indian Affairs for post- secondary education shall be deemed to have re- ceived such assistance under subpart 1 of part A of title IV of such Act [20 U.S.C. 1070a et seq.]. (c) 2 Treatment of funds under certain Federal laws Notwithstanding any other provision of law, funds provided under this subchapter to the trib- ally controlled college or university may be treated as non-Federal, private funds of the col- lege or university for purposes of any provision of Federal law which requires that non-Federal or private funds of the college or university be used in a project or for a specific purpose. (Pub. L. 95–471, title I, § 109, formerly § 108, Oct. 17, 1978, 92 Stat. 1328; renumbered § 109 and amended Pub. L. 98–192, §§ 4(a)(1), 8, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99–428, § 5, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100–297, title V, § 5403(a), Apr. 28, 1988, 102 Stat. 416; Pub. L. 105–244, title IX, § 901(b)(5), (6), (8), (10), (12), (e), Oct. 7, 1998, 112 Stat. 1828, 1829.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- secs. (a) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. Sections 312 and 322 of the Act, which were classified to sections 1058 and 1061, re- spectively, of Title 20, were omitted in the general revi- sion of title III of the Higher Education Act of 1965 by Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1290, which enacted new sections 312 and 322 which are classified to sections 1058 and 1061, respectively, of Title 20. Subpart 1 of part A of title IV of the Higher Education Act of 1965 is classified generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20. For complete classification of the Higher Education Act of 1965 to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsec. (b)(3), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassifica- tion as chapter 46 (§ 5301 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244, § 901(b)(10), inserted ‘‘or university’’ after ‘‘tribally controlled college’’. Subsec. (b)(1). Pub. L. 105–244, § 901(b)(6), (8), sub- stituted ‘‘controlled colleges or universities’’ for ‘‘con- trolled community colleges’’ and ‘‘such colleges or uni- versities’’ for ‘‘such colleges’’. Subsec. (b)(2), (3). Pub. L. 105–244, § 901(b)(5), sub- stituted ‘‘college or university’’ for ‘‘community col- lege’’. Subsec. (c). Pub. L. 105–244, § 901(e), redesignated sub- sec. (d), relating to treatment of funds under certain Federal laws, as (c). Subsec. (d). Pub. L. 105–244, § 901(e), redesignated sub- sec. (d), relating to treatment of funds under certain Federal laws, as (c). Pub. L. 105–244, § 901(b)(5), (12), substituted ‘‘con- trolled college or university’’ for ‘‘controlled commu- nity college’’ and substituted ‘‘the college or univer- sity’’ for ‘‘the college’’ in two places. 1988—Subsec. (d). Pub. L. 100–297 added subsec. (d). 1986—Subsec. (b)(3). Pub. L. 99–428 added par. (3). 1983—Pub. L. 98–192, § 8, designated existing provision as subsec. (a) and added subsecs. (b) and (c). 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. § 1810. Authorization of appropriations (a)(1) There is authorized to be appropriated, for the purpose of carrying out section 1805 of this title, $3,200,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. (2) There is authorized to be appropriated for the purpose of carrying out section 1807 of this title, such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. (3) There is authorized to be appropriated for the purpose of carrying out sections 1812(b) and 1813 of this title, such sums as may be necessary for fiscal year 2009 and such sums as may be nec- essary for each of the five succeeding fiscal years. (4) Funds appropriated pursuant to the author- izations under this section for the fiscal year 2009 and for each of the five succeeding fiscal years shall be transferred by the Secretary of the Treasury through the most expeditious method available, with each of the tribally con- trolled colleges or universities being designated as its own certifying agency. (b)(1) For the purpose of affording adequate notice of funding available under this chapter, amounts appropriated in an appropriation Act for any fiscal year to carry out this chapter shall become available for obligation on July 1 of that fiscal year and shall remain available until September 30 of the succeeding fiscal year. (2) In order to effect a transition to the for- ward funding method of timing appropriation action described in paragraph (1), there are au- thorized to be appropriated, in an appropriation Act or Acts for the same fiscal year, two sepa- rate appropriations to carry out this chapter, the first of which shall not be subject to para- graph (1). (Pub. L. 95–471, title I, § 110, formerly § 109, Oct. 17, 1978, 92 Stat. 1328; renumbered § 110 and amended Pub. L. 98–192, §§ 4(a)(1), 9, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99–428, § 2(a), Sept. 30, 1986, 100 Stat. 982; Pub. L. 101–477, § 1(b), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 102–325, title XIII, § 1301(a), July 23, 1992, 106 Stat. 797; Pub. L. 105–244, title IX, § 901(a)(2)(A), (b)(11), Oct. 7, 1998, 112 Stat. 1827, 1828; Pub. L. 110–315, title IX, § 941(g), Aug. 14, 2008, 122 Stat. 3462.)