25 U.S.C. § 1813 — Construction of new facilities

Page 381 TITLE 25—INDIANS § 1813 (2) An organization described in this section is any organization that— (A) is eligible to receive a contract under the Indian Self-Determination and Education As- sistance Act [25 U.S.C. 5301 et seq.]; and (B) has demonstrated expertise in areas and issues dealing with tribally controlled colleges or universities. (3) The Secretary shall include the priority list established pursuant to this subsection in the budget submitted annually to the Congress. (d) ‘‘Reconstruction’’ defined For the purposes of this section, the term ‘‘re- construction’’ has the meaning provided in the first sentence of subparagraph (B) of section 1132e–1(2) 1 of title 20. (Pub. L. 95–471, title I, § 112, formerly § 111, Oct. 17, 1978, 92 Stat. 1328; renumbered § 112 and amended Pub. L. 98–192, §§ 4(a)(1), 11, Dec. 1, 1983, 97 Stat. 1336, 1339; Pub. L. 99–428, § 6(a), Sept. 30, 1986, 100 Stat. 983; Pub. L. 101–392, title III, § 313, Sept. 25, 1990, 104 Stat. 805; Pub. L. 105–244, title IX, § 901(b)(6), (13), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes REFERENCES IN TEXT The Act of August 6, 1956 (70 Stat. 1057; 25 U.S.C. 443a), referred to in subsec. (a)(2), is act Aug. 6, 1956, ch. 979, 70 Stat. 1057, which was formerly classified to sec- tion 443a of this title prior to editorial reclassification as a note under section 1457 of Title 43, Public Lands. The Navajo Community College Act, referred to in subsec. (c)(1), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of this title and was omitted from the Code as being of special and not general application. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (c)(2)(A), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 1132e–1 of title 20, referred to in subsec. (d), was omitted in the general revision of subchapter VII (§ 1132a et seq.) of chapter 28 of Title 20, Education, by Pub. L. 99–498, title VII, § 701, Oct. 17, 1986, 100 Stat. 1520. See section 1132i–1 of Title 20. CODIFICATION ‘‘Section 523 of title 40’’ substituted in subsec. (a)(2) for ‘‘section 202(a)(2) of the Federal Property and Ad- ministrative Services Act of 1949 (40 U.S.C. 483(a)(2))’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244, § 901(b)(6), sub- stituted ‘‘colleges or universities’’ for ‘‘community col- leges’’ in introductory provisions and par. (2). Subsec. (c)(1). Pub. L. 105–244, § 901(b)(13), substituted ‘‘colleges or universities’’ for ‘‘colleges’’. Subsec. (c)(2)(B). Pub. L. 105–244, § 901(b)(6), sub- stituted ‘‘colleges or universities’’ for ‘‘community col- leges’’. 1990—Subsecs. (c), (d). Pub. L. 101–392 added subsec. (c) and redesignated former subsec. (c) as (d). 1986—Subsec. (a). Pub. L. 99–428, § 6(a), substituted ‘‘Secretary’’ for ‘‘Administrator of General Services’’ and ‘‘September 30, 1986’’ for ‘‘December 1, 1983’’. Subsec. (b). Pub. L. 99–428, § 6(a)(1), substituted ‘‘Sec- retary’’ for ‘‘Administrator of General Services’’. 1983—Pub. L. 98–192 amended section generally, sub- stituting provision requiring a study on the condition of currently existing facilities, submission of a report on the study, contents of the report, establishment of a renovation program, and defining term ‘‘reconstruc- tion’’ for provision which required the Secretary of the Interior, not later than ninety days after Oct. 17, 1978, to prepare and submit a report to the Congress con- taining a survey of existing and planned physical facili- ties of tribally controlled 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. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–392 effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as an Effec- tive Date note under section 3423a of Title 20, Edu- cation. § 1813. Construction of new facilities (a) Grants With respect to any tribally controlled college or university for which the report of the Sec- retary under section 1812(a) of this title identi- fies a need for new construction, the Secretary shall, subject to appropriations and on the basis of an application submitted in accordance with such requirements as the Secretary may pre- scribe by regulation, provide grants for such construction in accordance with this section. (b) Eligibility requirements In order to be eligible for a grant under this section, a tribally controlled college or univer- sity— (1) must be a current recipient of grants under section 1805 or 1807 of this title, and (2) must be accredited by a nationally recog- nized accrediting agency listed by the Sec- retary of Education pursuant to the last sen- tence of section 1001 of title 20, except that such requirement may be waived if the Sec- retary determines that there is a reasonable expectation that such college or university will be fully accredited within eighteen months. In any case where such a waiver is granted, grants under this section shall be available only for planning and development of proposals for construction. (c) Maximum amount of grant; waiver of restric- tion (1) Except as provided in paragraph (2), grants for construction under this section shall not ex- ceed 80 per centum of the cost of such construc- tion, except that no tribally controlled college or university shall be required to expend more than $400,000 in fulfillment of the remaining 20 per centum. For the purpose of providing its re- quired portion of the cost of such construction, a tribally controlled college or university may use funds provided under section 13 of this title. (2) The Secretary may waive, in whole or in part, the requirements of paragraph (1) in the case of any tribally controlled college or univer- sity which demonstrates that neither such col- lege or university nor the tribal government Page 382 TITLE 25—INDIANS § 1814 1 See References in Text note below. with which it is affiliated have sufficient re- sources to comply with such requirements. The Secretary shall base a decision on whether to grant such a waiver solely on the basis of the following factors: (A) tribal population; (B) po- tential student population; (C) the rate of unem- ployment among tribal members; (D) tribal fi- nancial resources; and (E) other factors alleged by the college or university to have a bearing on the availability of resources for compliance with the requirements of paragraph (1) and which may include the educational attainment of trib- al members. (d) Failure to use facility in approved manner; title to vest in United States; settlement If, within twenty years after completion of construction of a facility which has been con- structed in whole or in part with a grant made available under this section— (1) the facility ceases to be used by the ap- plicant in a public or nonprofit capacity as an academic facility, unless the Secretary deter- mines that there is good cause for releasing the institution from this obligation, and (2) the tribe with which the applicant is af- filiated fails to use the facility for a public purpose approved by the tribal government in furtherance of the general welfare of the com- munity served by the tribal government, title to the facility shall vest in the United States and the applicant (or such tribe if such tribe is the successor in title to the facility) shall be entitled to recover from the United States an amount which bears the same ratio to the present value of the facility as the amount of the applicant’s contribution (excluding any funds provided under section 13 of this title) bore to the original cost of the facility. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is located. (e) Religious use No construction assisted with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity. (f) ‘‘Construction’’ and ‘‘academic facilities’’ de- fined For the purposes of this section— (1) the term ‘‘construction’’ includes recon- struction or renovation (as such terms are de- fined in the first sentence of subparagraph (B) of section 1132e–1(2) 1 of title 20); and (2) the term ‘‘academic facilities’’ has the meaning provided such term under section 1132e–1(1) 1 of title 20. (Pub. L. 95–471, title I, § 113, formerly § 112, Oct. 17, 1978, 92 Stat. 1329; renumbered § 113 and amended Pub. L. 98–192, §§ 4(a)(1), 12, Dec. 1, 1983, 97 Stat. 1336, 1340; Pub. L. 99–428, § 6(b), Sept. 30, 1986, 100 Stat. 983; Pub. L. 105–244, title I, § 102(a)(8)(C), title IX, § 901(b)(5), (7), (12), Oct. 7, 1998, 112 Stat. 1619, 1828.) Editorial Notes REFERENCES IN TEXT Section 1132e–1 of title 20, referred to in subsec. (f), was omitted in the general revision of subchapter VII (§ 1132a et seq.) of chapter 28 of Title 20, Education, by Pub. L. 99–498, title VII, § 701, Oct. 17, 1986, 100 Stat. 1520. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244, § 901(b)(5), sub- stituted ‘‘college or university’’ for ‘‘community col- lege’’. Subsec. (b). Pub. L. 105–244, § 901(b)(5), substituted ‘‘college or university’’ for ‘‘community college’’ in in- troductory provisions. Subsec. (b)(2). Pub. L. 105–244, §§ 102(a)(8)(C), 901(b)(7), substituted ‘‘section 1001’’ for ‘‘section 1141(a)’’ and ‘‘such college or university’’ for ‘‘such college’’. Subsec. (c)(1). Pub. L. 105–244, § 901(b)(5), substituted ‘‘college or university’’ for ‘‘community college’’ in two places. Subsec. (c)(2). Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted ‘‘controlled col- lege or university’’ for ‘‘controlled community college’’ and ‘‘such college or university’’ for ‘‘such college’’ and, in subpar. (E), substituted ‘‘the college or univer- sity’’ for ‘‘the college’’. 1986—Subsec. (a). Pub. L. 99–428 substituted ‘‘Sec- retary under’’ for ‘‘Administrator of General Services under’’. 1983—Pub. L. 98–192 amended section generally, sub- stituting provision authorizing grants for construction of new facilities, establishing eligibility requirements for grants, maximum amounts of grants, waiver of amount restriction, results of failure to use facilities in an approved manner, and prohibition of religious use of such facilities, and defining ‘‘construction’’ and ‘‘aca- demic facilities’’ for provision requiring Secretary of the Interior to conduct a detailed survey and study of academic facilities needs of tribally controlled commu- nity colleges and report to Congress not later than Nov. 1, 1979, the results of such survey and study. 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. § 1814. Miscellaneous provisions (a) Eligibility of Navajo Tribe The Navajo Tribe shall not be eligible to par- ticipate under the provisions of this subchapter. (b) Discriminatory practices prohibited (1) The Secretary shall not provide any funds to any institution which denies admission to any Indian student because such individual is not a member of a specific Indian tribe, or which denies admission to any Indian student because such individual is a member of a specific tribe. (2) The Secretary shall take steps to recover any unexpended and unobligated funds provided under this subchapter held by an institution de- termined to be in violation of paragraph (1). (Pub. L. 95–471, title I, § 114, formerly § 113, Oct. 17, 1978, 92 Stat. 1329; renumbered § 114, Pub. L. 98–192, § 4(a)(1), Dec. 1, 1983, 97 Stat. 1336.) § 1815. Rules and regulations (a) Consultation with national Indian organiza- tions Within four months from October 17, 1978, the Secretary shall, to the extent practicable, con-