25 U.S.C. § 1812 — Report on facilities

Page 380 TITLE 25—INDIANS § 1812 1 See References in Text note below. sufficient to pay in full the total amount of the grants determined pursuant to subsection (a)(1)(A), the amount which applicants described in such subsection are eligible to receive under section 1807 of this title for such fiscal year shall be ratably reduced. (2) If any additional funds become available for making payments under section 1807 of this title for any fiscal year to which subsection (a) or paragraph (1) of this subsection applies, such additional amounts shall be allocated by first increasing grants reduced under paragraph (1) of this subsection on the same basis as they were reduced and by then allocating the remainder in accordance with subsection (a). Sums appro- priated in excess of the amount necessary to pay in full the total amounts for which applicants are eligible under section 1807 of this title shall be allocated by ratably increasing such total amounts. (3) References in this subsection and sub- section (a) to section 1807 of this title shall, with respect to fiscal year 1983, be deemed to refer to section 1806 of this title as in effect at the begin- ning of such fiscal year. (c) Reallocation of funds In any fiscal year in which the amounts for which grant recipients are eligible to receive have been reduced under the first sentence of subsection (a) of this section, and in which addi- tional funds have not been made available to pay in full the total of such amounts under the second sentence of such subsection, each grantee shall report to the Secretary any unused portion of received funds ninety days prior to the grant expiration date. The amounts so reported by any grant recipient shall be made available for re- allocation to eligible grantees on a basis propor- tionate to the amount which is unfunded as a re- sult of the ratable reduction, but no grant re- cipient shall receive, as a result of such re- allocation, more than the amount provided for under section 1807(a) of this title. (Pub. L. 95–471, title I, § 111, formerly § 110, Oct. 17, 1978, 92 Stat. 1328; renumbered § 111 and amended Pub. L. 98–192, §§ 4(a)(1), (b)(3), 10, Dec. 1, 1983, 97 Stat. 1336, 1338; Pub. L. 101–477, § 1(c), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 105–244, title IX, § 901(b)(6), (8), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Subsec. (a)(2). Pub. L. 105–244 substituted ‘‘con- trolled colleges or universities’’ for ‘‘controlled com- munity colleges’’ and ‘‘such colleges or universities’’ for ‘‘such colleges’’. 1990—Subsec. (a)(1)(A). Pub. L. 101–477, § 1(c)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘the Secretary shall first allocate to each such applicant which received funds under section 1807 of this title for the preceding fiscal year an amount equal to 95 per centum of the product of— ‘‘(i) the per capita payment for the preceding fiscal year; and ‘‘(ii) such applicant’s Indian student count for the current fiscal year;’’. Subsec. (a)(1)(B)(ii). Pub. L. 101–477, § 1(c)(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘the applicant’s Indian student count for the current fiscal year;’’. 1983—Subsec. (a). Pub. L. 98–192, § 10, amended subsec. (a) generally, substituting provision establishing a for- mula to be used to determine funding between existing and newly eligible schools when funds appropriated are not sufficient to pay in full the total amount which ap- proved applicants are eligible to receive under section 1807 of this title for provision that if funds were insuffi- cient to pay in full the total amounts which approved grant applicants were eligible to receive, the available funds would be ratably decreased and if funds later be- came available or there were excess funds, such funds would be ratably increased. Subsecs. (b), (c). Pub. L. 98–192, § 10, added subsec. (b) and redesignated former subsec. (b) as (c). Pub. L. 98–192, § 4(b)(3), made a technical amendment to reference to section 1807 of this title to reflect re- numbering 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. § 1812. Report on facilities (a) Study on condition of currently existing fa- cilities; submission of report; contents The Secretary shall provide for the conduct of a study of facilities available for use by tribally controlled colleges or universities. Such study shall consider the condition of currently exist- ing Bureau of Indian Affairs facilities which are vacant or underutilized and shall consider avail- able alternatives for renovation, alteration, re- pair, and reconstruction of such facilities (in- cluding renovation, alteration, repair, and re- construction necessary to bring such facilities into compliance with local building codes). Such study shall also identify the need for new con- struction. A report on the results of such study shall be submitted to the Congress not later than eighteen months after September 30, 1986. Such report shall also include an identification of property— (1) on which structurally sound buildings suitable for use as educational facilities are located, and (2) which is available for use by tribally con- trolled colleges or universities under section 523 of title 40 and under the Act of August 6, 1956 (70 Stat. 1057; 25 U.S.C. 443a).1 (b) Renovation program The Secretary, in consultation with the Bu- reau of Indian Affairs, shall initiate a program to conduct necessary renovations, alterations, repairs, and reconstruction identified pursuant to subsection (a) of this section. (c) Determination and prioritization of construc- tion and renovation needs (1) The Secretary shall enter into a contract with an organization described in paragraph (2) to establish and provide on an annual basis cri- teria for the determination and prioritization in a consistent and equitable manner of the facili- ties construction and renovation needs of col- leges or universities that receive funding under this chapter or the Navajo Community College Act. 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