-CITE-
    20 USC CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND
           NATIVE HAWAIIAN CULTURE AND ART DEVELOPMENT     01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     

-HEAD-
     CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                        CULTURE AND ART DEVELOPMENT

-MISC1-
    Sec.                                                     
    4401.       Findings.                                             
    4402.       Definitions.                                          

            SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES        
    4411.       Establishment of Institute.                           
    4412.       Board of Trustees.                                    
    4413.       Executive Board.                                      
    4414.       General powers of Board.                              
    4415.       President of Institute.                               
    4416.       Staff of Institute.                                   
    4417.       Functions of Institute.                               
    4418.       Indian preference.                                    
    4419.       Nonprofit and nonpolitical nature of Institute.       
    4420.       Tax status; tort liability.                           
    4421.       Transfer of functions.                                
    4422.       Reports.                                              
    4423.       Headquarters.                                         
    4424.       Compliance with other Acts.                           
    4425.       Endowment programs.                                   
    4426.       Provision of facilities.                              

            SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES        
    4441.       Program for Native Hawaiian and Alaska Native culture
                 and arts development.                                
    4442.       Administrative provisions.                            

             SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS         
    4451.       Authorization of appropriations.                      

-End-



-CITE-
    20 USC Sec. 4401                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     

-HEAD-
    Sec. 4401. Findings

-STATUTE-
      The Congress finds that - 
        (1) Indian art and culture and Native Hawaiian art and culture
      have contributed greatly to the artistic and cultural richness of
      the Nation;
        (2) Indian art and culture and Native Hawaiian art and culture
      occupy a unique position in American history as being our only
      native art form and cultural heritage;
        (3) the enhancement and preservation of this Nation's native
      art and culture has a fundamental positive influence on the
      American people;
        (4) although the encouragement and support of Indian and Native
      Hawaiian arts and crafts are primarily a matter for private,
      local, and Indian and Native Hawaiian initiative, it is also an
      appropriate matter of concern to the Federal Government;
        (5) it is appropriate and necessary for the Federal Government
      to support research and scholarship in Indian art and culture and
      Native Hawaiian art and culture and to complement programs for
      the advancement of such art and culture by tribal, private, and
      public agencies and organizations;
        (6) current Federal initiatives in the area of Indian art and
      culture and Native Hawaiian art and culture are fragmented and
      inadequate; and
        (7) in order to coordinate the Federal Government's effort to
      preserve, support, revitalize, and disseminate Indian art and
      culture and Native Hawaiian art and culture, it is desirable to
      establish - 
          (A) a national Institute of American Indian and Alaska Native
        Culture and Arts Development, and
          (B) a program for Native Hawaiian culture and arts
        development.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1502, Oct. 17, 1986, 100 Stat.
    1600.)


-MISC1-
                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-239, title VII, Sec. 721, May 4, 1994, 108 Stat. 606,
    provided that: "This title [probably should be "subtitle" meaning
    subtitle C [Secs. 721, 722] of title VII of Pub. L. 103-239,
    amending section 4441 of this title] may be cited as the 'Alaska
    Native Culture and Arts Development Act'."

                                SHORT TITLE                            
      Section 1501 of title XV of Pub. L. 99-498 provided that: "This
    title [enacting this chapter] may be cited as the 'American Indian,
    Alaska Native, and Native Hawaiian Culture and Art Development
    Act'."

-End-



-CITE-
    20 USC Sec. 4402                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     

-HEAD-
    Sec. 4402. Definitions

-STATUTE-
      For the purpose of this chapter - 
        (1) The term "Indian art and culture" includes (but is not
      limited to) the traditional and contemporary expressions of
      Indian language, history, visual and performing arts, and crafts.
        (2) The term "Native Hawaiian art and culture" includes the
      traditional and contemporary expressions of Native Hawaiian
      language, history, visual and performing arts, and crafts.
        (3) The term "Institute" means the Institute of American Indian
      and Alaska Native Culture and Arts Development established by
      this chapter.
        (4) The term "Indian" means any person who is a member of an
      Indian tribe.
        (5) The term "Indian tribe" means any tribe, band, nation, or
      other organized group or community of Indians, including any
      Alaska Native village (as defined in, or established pursuant to,
      the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
      seq.]), which is recognized as eligible for special programs and
      services provided by the United States to Indians because of
      their status as Indians.
        (6) The term "Native Hawaiian" means any descendent of a person
      who, prior to 1778, was a native of the Hawaiian Islands.
        (7) The term "Secretary" means the Secretary of the Interior.
        (8) The term "Board" means the Board of Trustees of the
      Institute established under this chapter.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1503, Oct. 17, 1986, 100 Stat.
    1600.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in par. (5),
    is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
    is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
    43, Public Lands. For complete classification of this Act to the
    Code, see Short Title note set out under section 1601 of Title 43
    and Tables.

-End-


-CITE-
    20 USC SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES    01/03/2007 

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
            SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES        

-End-



-CITE-
    20 USC Sec. 4411                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4411. Establishment of Institute

-STATUTE-
    (a) In general
      There is hereby established a corporation to be known as the
    "Institute of American Indian and Alaska Native Culture and Arts
    Development", which shall be under the direction and control of a
    Board of Trustees established under section 4412 of this title.
    (b) Succession and amendment of charter
      The corporation established under subsection (a) of this section
    shall have succession until dissolved by Act of Congress. Only the
    Congress shall have the authority to revise or amend the charter of
    such corporation.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1504, Oct. 17, 1986, 100 Stat.
    1601.)


-MISC1-
              AVAILABILITY OF FISCAL YEAR 1988 APPROPRIATIONS          
      Pub. L. 100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987,
    101 Stat. 1329-213, 1329-228, provided: "That notwithstanding any
    provision of the American Indian, Alaska Native, and Native
    Hawaiian Culture and Art Development Act [this chapter], the
    amounts appropriated for fiscal year 1988 for the Bureau of Indian
    Affairs for the Institute of American Indian Arts shall be
    available to operate the Institute until the Board of Regents and
    President of the Institute have been named and had an opportunity
    to organize, and for use under part A of that Act [this
    subchapter]."

    AVAILABILITY OF APPROPRIATIONS; IMPLEMENTATION OF CHAPTER; INTERIM
                          AUTHORITY OF SECRETARY
      Pub. L. 99-500, Sec. 101(h) [title I, Sec. 100], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-255, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 100], Oct. 30, 1986, 100 Stat. 3341-242, 3341-255,
    provided: "That notwithstanding any provision of the American
    Indian, Alaska Native, and Native Hawaiian Culture and Art
    Development Act [this chapter], the amounts appropriated for fiscal
    year 1987 for the Bureau of Indian Affairs for the Institute of
    American Indian Arts shall be available for use under part A of
    that Act [this subchapter] and - 
        "(1) that Act shall be implemented in a reasonable period of
      time and shall be fully implemented by no later than October 1,
      1987,
        "(2) until the earlier of - 
          "(A) October 1, 1987, or
          "(B) the appointment and confirmation of a majority of the
        members of the Board of Trustees of the Institute of American
        Indian and Alaska Native Culture and Arts Development under
        section 1505(a)(1)(A) of that Act [20 U.S.C. 4412(a)(1)(A)],
      the Secretary of the Interior shall have the authority conferred
      upon such members under that Act, and
        "(3) until the earlier of - 
          "(A) October 1, 1987, or
          "(B) the appointment of a President of such Institute under
        section 1508 of that Act [20 U.S.C. 4415],
      the Secretary of the Interior shall have the authority conferred
      upon such members under that Act, and
        "(3) [(4)] until the earlier of - 
          "(A) October 1, 1987, or
          "(B) the appointment of a President of such Institute under
        section 1508 of that Act,
      the Secretary of the Interior shall have the authority conferred
      upon the President of such Institute under this [that] Act".

-End-



-CITE-
    20 USC Sec. 4412                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4412. Board of Trustees

-STATUTE-
    (a) Composition
      (1) The Board of Trustees of the Institute shall be composed of
    13 voting members and 6 nonvoting members as follows:
        (A) Subject to the provisions of subsection (i) of this
      section, the voting members shall be appointed by the President
      of the United States by and with the advice and consent of the
      Senate, not later than 180 days after October 17, 1986, from
      among individuals from private life who are Indians, or other
      individuals, widely recognized in the field of Indian art and
      culture and who represent diverse political views, and diverse
      fields of expertise, including finance, law, fine arts, and
      higher education administration.
        (B) The nonvoting members shall consist of - 
          (i) 2 Members of the House of Representatives appointed by
        the Speaker of the House of Representatives in consultation
        with the Minority Leader of the House of Representatives;
          (ii) 2 Members of the Senate appointed by the President pro
        tempore of the Senate, upon the recommendation of the Majority
        Leader and the Minority Leader of the Senate;
          (iii) the President of the Institute, ex officio; and
          (iv) the president of the student body of the Institute, ex
        officio.

      (2) In making appointments pursuant to paragraph (1)(A), the
    President of the United States shall - 
        (A) consult with the Indian tribes and the various
      organizations of Indians;
        (B) publish in the Federal Register an announcement of the
      expiration of terms no less than 4 months before such expiration;
        (C) solicit nominations from Indian tribes and various Indian
      organizations to fill the vacancies;
        (D) give due consideration to the appointment of individuals
      who will provide appropriate regional and tribal representation
      on the Board; and
        (E) ensure that a majority of the Board appointed under
      paragraph (1)(A) are Indians.

      (3) The President shall carry out the activities described in
    subparagraphs (B) and (C) of paragraph (2) through the Board. The
    Board may make recommendations based upon the nominations received,
    may make recommendations of its own, and may review and make
    comments to the President or the President's appointed staff on
    individuals being considered by the President for whom no
    nominations have been received.
      (4) Members of Congress appointed under this section, or their
    designees, shall be entitled to attend all meetings of the Board
    and to provide advice to the Board on any matter relating to the
    Institute.
    (b) Terms of office
      (1) Except as otherwise provided in this section, members shall
    be appointed for terms of office of 6 years.
      (2) The terms of office on the Board for the Members of the House
    of Representatives and of the Senate shall expire at the end of the
    congressional term of office during which such Member or Senator
    was appointed to the Board.
      (3) Of the members of the Board first appointed under subsection
    (a)(1)(A) of this section - 
        (A) 4 shall be appointed for terms of office of 2 years;
        (B) 4 shall be appointed for terms of office of 4 years; and
        (C) 5 shall be appointed for terms of office of 6 years,

    as determined by the drawing of lots during the first meeting of
    the Board.
      (4) No member of the Board appointed under subsection (a)(1)(A)
    of this section shall be eligible to serve in excess of 2
    consecutive terms, but may continue to serve until such member's
    successor is appointed.
    (c) Vacancies
      Any member of the Board appointed under subsection (a) of this
    section to fill a vacancy occurring before the expiration of the
    term to which such member's predecessor was appointed shall be
    appointed for the remainder of such term. If the vacancy occurs
    prior to the expiration of the term of a member of the Board
    appointed under subsection (a)(1)(B) of this section, a replacement
    shall be appointed in the same manner in which the original
    appointment was made.
    (d) Removal
      No member of the Board may be removed during the term of office
    of such member except for just and sufficient cause.
    (e) Chairman and Vice Chairman
      The President of the United States shall designate the initial
    Chairman and Vice Chairman of the Board from among the members of
    the Board appointed pursuant to subsection (a)(1)(A) of this
    section. Such Chairman and Vice Chairman so designated shall serve
    for 12 calendar months. Thereafter, the Chairman and Vice Chairman
    shall be elected from among the members of the Board appointed
    pursuant to subsection (a)(1)(A) of this section and shall serve
    for terms of 2 years. In the case of a vacancy in the office of
    Chairman or Vice Chairman, such vacancy shall be filled by the
    members of the Board appointed pursuant to subsection (a)(1)(A) of
    this section, and the member filling such vacancy shall serve for
    the remainder of the unexpired term.
    (f) Quorum
      Unless otherwise provided by the bylaws of the Institute, a
    majority of the members appointed under subsection (a)(1)(A) of
    this section shall constitute a quorum.
    (g) Powers
      The Board is authorized - 
        (1) to formulate the policy of the Institute;
        (2) to direct the management of the Institute; and
        (3) to make such bylaws and rules as it deems necessary for the
      administration of its functions under this chapter, including the
      organization and procedures of the Board.
    (h) Compensation
      Members of the Board appointed pursuant to subsection (a)(1)(A)
    of this section shall, for each day they are engaged in the
    performance of the duties under this chapter, receive compensation
    at the rate of $125 per day, including traveltime. All members of
    the Board, while so serving away from their homes or regular places
    of business, shall be allowed travel expenses (including per diem
    in lieu of subsistence), as authorized by section 5703 of title 5
    for persons in Government service employed intermittently.
    (i) Appointment exception for continuity
      (1) In order to maintain the stability and continuity of the
    Board, the Board shall have the power to recommend the continuation
    of members on the Board pursuant to the provisions of this
    subsection. When the Board makes such a recommendation, the
    Chairman of the Board shall transmit the recommendation to the
    President no later than 75 days prior to the expiration of the term
    of the member.
      (2) If the President has not transmitted to the Senate a
    nomination to fill the position of a member covered by such a
    recommendation within 60 days from the date that the member's term
    expires, the member shall be deemed to have been reappointed for
    another full term to the Board, with all the appropriate rights and
    responsibilities.
      (3) This subsection shall not be construed to permit less than 7
    members of the Board to be Indians. If an extension of a term under
    paragraph (2) would result in less than 7 members being Indians,
    the term of the member covered by paragraph (2) shall be deemed to
    expire 60 days after the date upon which it would have been deemed
    to expire without the operation of this subsection, except that the
    provisions of subsection (b)(4) of this section, relating to
    continuation of service pending replacement, shall continue to
    apply.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1505, Oct. 17, 1986, 100 Stat.
    1601; Pub. L. 102-325, title XIII, Sec. 1331(a), July 23, 1992, 106
    Stat. 805.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(1)(A). Pub. L. 102-325, Sec. 1331(a)(1),
    substituted "Subject to the provisions of subsection (i) of this
    section, the voting" for "The voting" and inserted before period at
    end ", and diverse fields of expertise, including finance, law,
    fine arts, and higher education administration".
      Subsec. (a)(3), (4). Pub. L. 102-325, Sec. 1331(a)(2), (3), added
    par. (3) and redesignated former par. (3) as (4).
      Subsec. (i). Pub. L. 102-325, Sec. 1331(a)(4), added subsec. (i)
    and struck out former subsec. (i) which read as follows: "(i)
    Review by Secretary of the Interior. - For so long as any employee
    of the Institute is covered under title 5, the Board (acting by
    majority vote) shall submit final decisions relating to personnel
    to the Secretary of the Interior. Each such decision shall become
    final 30 days after the date of its receipt by the Secretary unless
    the Secretary disapproves of such decision. The Secretary may only
    disapprove a decision of the Board for just cause."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.


-TRANS-
                          DELEGATION OF AUTHORITY                      
      Memorandum of President of the United States, Feb. 22, 1991, 56
    F.R. 8099, provided:
      Memorandum for the Chairman of the Board of Trustees of the
    Institute of American Indian and Alaska Native Culture and Arts
    Development
      By the authority vested in me as President of the United States
    by section 301 of Title 3 of the United States Code, I hereby
    delegate to the Chairman of the Board of Trustees of the Institute
    of American Indian and Alaska Native Culture and Arts Development
    the responsibility under section 1505(a)(2)(B) of P.L. 99-498 (20
    U.S.C. 4412(a)(2)(B)) to publish in the Federal Register an
    announcement of the expiration of the terms of the presidentially
    appointed members of the Board of Trustees of the Institute of
    American Indian and Alaska Native Culture and Arts Development no
    less than 4 months prior to their expiration. The authority
    delegated by this memorandum may be further redelegated within the
    Institute.
      The delegation of authority to the Secretary of the Interior by
    memorandum of June 22, 1988, is hereby rescinded.
      This memorandum shall be published in the Federal Register.
                                                            George Bush.

-End-



-CITE-
    20 USC Sec. 4413                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4413. Executive Board

-STATUTE-
    (a) Composition
      The Board shall have an Executive Board composed of - 
        (1) the chairman of the Board;
        (2) the vice chairman of the Board;
        (3) the secretary of the Board;
        (4) the treasurer of the Board; and
        (5) an at-large member of the Board elected by the Board at its
      initial meeting.
    (b) Vacancies
      In the case of any vacancy which occurs in the position of at-
    large member before the expiration of such member's term, the
    Board shall elect a replacement to complete that term.
    (c) Meetings
      The Executive Board shall hold not more than 4 regular meetings
    per calendar year. Special meetings may be held upon the call of
    the chairman or 3 members of the Executive Board.
    (d) Quorum
      A majority of the Executive Board shall constitute a quorum.
    (e) Powers
      The Executive Board may hold and use all the powers of the Board,
    subject to the approval of the Board.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1506, Oct. 17, 1986, 100 Stat.
    1603.)

-End-



-CITE-
    20 USC Sec. 4414                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4414. General powers of Board

-STATUTE-
    (a) In general
      In carrying out the provisions of this chapter, the Board shall
    have the power, consistent with the provisions of this chapter - 
        (1) to adopt, use, and alter a corporate seal;
        (2) to make agreements and contracts with persons, Indian
      tribes, and private or governmental entities and to make payments
      or advance payments under such agreements or contract (!1)
      without regard to section 3324 of title 31;

        (3) any other provision of law to the contrary notwithstanding,
      to enter into joint development ventures with public or private
      commercial or noncommercial entities for development of
      facilities to meet the plan required under section 4426 of this
      title, if the ventures are related to and further the mission of
      the Institute;
        (4) to sue and be sued in its corporate name and to complain
      and defend in any court of competent jurisdiction;
        (5) to represent itself, or to contract for representation, in
      all judicial, legal, and other proceedings;
        (6) with the approval of the agency concerned, to make use of
      services, facilities, and property of any board, commission,
      independent establishment, or executive agency or department of
      the executive branch in carrying out the provisions of this
      chapter and to pay for such use (such payments to be credited to
      the applicable appropriation that incurred the expense);
        (7) to use the United States mails on the same terms and
      conditions as the executive departments of the United States
      Government;
        (8) to obtain the services of experts and consultants in
      accordance with the provisions of section 3109 of title 5 and to
      accept and utilize the services of voluntary and noncompensated
      personnel and reimburse them for travel expenses, including per
      diem, as authorized by section 5703 of title 5;
        (9) to solicit, accept, and dispose of gifts, bequests, devises
      of money, securities, and other properties of whatever character,
      for the benefit of the Institute;
        (10) to receive grants from, and enter into contracts and other
      arrangements with, Federal, State, or local governments, public
      and private agencies, organizations, institutions, and
      individuals;
        (11) to acquire, hold, maintain, use, operate, and dispose of
      such real property, including improvements thereon, personal
      property, equipment, and other items, as may be necessary to
      enable the Board to carry out the purpose of this chapter;
        (12) to the extent not already provided by law, to obtain
      insurance to cover all activities of the Institute, including
      coverage relating to property and liability, or make other
      provisions against losses;
        (13) to use any funds or property received by the Institute to
      carry out the purpose of this chapter, including the authority to
      designate on an annual basis a portion, not to exceed 10 percent,
      of the funds appropriated pursuant to section 4451 of this title
      for investment, without regard to any other provision of law
      regarding investment or disposition of federally appropriated
      funds, on a short-term basis for the purpose of maximizing yield
      and liquidity of such funds; and
        (14) to exercise all other lawful powers necessarily or
      reasonably related to the establishment of the Institute in order
      to carry out the provisions of this chapter and the exercise of
      the powers, purposes, functions, duties, and authorized
      activities of the Institute.
    (b) Accounting for non-Federal funds
      Any funds received by, or under the control of, the Institute
    that are not Federal funds shall be accounted for separately from
    Federal funds.
    (c) Interest and investments
      Interest and earnings on amounts received by the Institute
    pursuant to section 4451 of this title invested under subsection
    (a)(12) (!2) of this section shall be the property of the Institute
    and shall be expended to carry out this chapter. The Board shall be
    held to a reasonable and prudent standard of care, given such
    information and circumstances as existed when the decision is made,
    in decisions involving investment of funds under subsection (a)(12)
    (!2) of this section.


-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1507, Oct. 17, 1986, 100 Stat.
    1603; Pub. L. 100-297, title V, Sec. 5406(e), Apr. 28, 1988, 102
    Stat. 418; Pub. L. 101-644, title V, Sec. 501, Nov. 29, 1990, 104
    Stat. 4668; Pub. L. 102-325, title XIII, Sec. 1331(b), July 23,
    1992, 106 Stat. 806; Pub. L. 103-208, Sec. 2(l), Dec. 20, 1993, 107
    Stat. 2486.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (a)(12) of this section, referred to in subsec. (c),
    was redesignated subsec. (a)(13) of this section, repealed, and a
    new subsec. (a)(13) added by Pub. L. 102-325, title XIII, Sec.
    1331(b)(1)(A), (C), July 23, 1992, 106 Stat. 806, and former
    subsec. (a)(11) of this section was redesignated subsec. (a)(12).


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(12). Pub. L. 103-208 substituted semicolon for
    period at end.
      1992 - Subsec. (a)(2). Pub. L. 102-325, Sec. 1331(b)(1)(B), added
    par. (2) and struck out former par. (2) which read as follows: "to
    make agreements and contracts with persons, Indian tribes, and
    private or governmental entities and to make payments or advance
    payments under such agreements or contracts without regard to
    section 3324 of title 31;".
      Subsec. (a)(3) to (12). Pub. L. 102-325, Sec. 1331(b)(1)(A), (B),
    added par. (3) and redesignated former pars. (3) to (11) as (4) to
    (12), respectively. Former par. (12) redesignated (13).
      Subsec. (a)(13). Pub. L. 102-325, Sec. 1331(b)(1)(C), added par.
    (13) and struck out former par. (13) which read as follows: "to use
    any funds or property received by the Institute to carry out the
    purpose of this chapter; and".
      Pub. L. 102-325, Sec. 1331(b)(1)(A), redesignated par. (12) as
    (13). Former par. (13) redesignated (14).
      Subsec. (14). Pub. L. 102-325, Sec. 1331(b)(1)(A), redesignated
    par. (13) as (14).
      Subsec. (c). Pub. L. 102-325, Sec. 1331(b)(2), substituted "shall
    be expended" for "may be expended".
      1990 - Subsec. (a)(11). Pub. L. 101-644, Sec. 501(b), amended
    par. (11) generally. Prior to amendment, par. (11) read as follows:
    "to obtain insurance or make other provisions against losses;".
      Subsec. (c). Pub. L. 101-644, Sec. 501(a), added subsec. (c).
      1988 - Pub. L. 100-297 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-208 effective as if included in the
    Higher Education Amendments of 1992, Pub. L. 102-325, except as
    otherwise provided, see section 5(a) of Pub. L. 103-208, set out as
    a note under section 1051 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

                     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 this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "contracts".

    (!2) See References in Text note below.


-End-



-CITE-
    20 USC Sec. 4415                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4415. President of Institute

-STATUTE-
    (a) Appointment
      The Institute shall have a President who shall be appointed by
    the Board. The President of the Institute shall serve as the chief
    executive officer of the Institute. Subject to the direction of the
    Board and the general supervision of the Chairman of the Board, the
    President of the Institute shall have the responsibility for
    carrying out the policies and functions of the Institute and shall
    have authority over all personnel and activities of the Institute.
    (b) Compensation
      The President of the Institute shall be paid at a rate not to
    exceed the maximum rate of basic pay payable for grade GS-18 of the
    General Schedule.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1508, Oct. 17, 1986, 100 Stat.
    1604.)


-MISC1-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    20 USC Sec. 4416                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4416. Staff of Institute

-STATUTE-
    (a) Exemption from civil service
      Except as otherwise provided in this section, title 5 shall not
    apply to the Institute.
    (b) Appointment and compensation
      (1) The President of the Institute, with the approval of the
    Board, shall have the authority to appoint, fix the compensation of
    (including health and retirement benefits), and prescribe the
    duties of, such officers and employees as the President of the
    Institute deems necessary for the efficient administration of the
    Institute.
      (2) The President of the Institute shall fix the basic
    compensation for officers and employees of the Institute at rates
    comparable to the rates in effect under the General Schedule for
    individuals with comparable qualifications and positions, to whom
    chapter 51 of title 5 applies. If the Board determines that such
    action is necessary for purposes of recruitment or retention of
    officers or employees necessary to the functions of the Institute,
    the Board is authorized, by formal action, to establish a rate of,
    or a range for, basic compensation that is comparable to the rate
    of compensation paid to officers or employees having similar duties
    and responsibilities in other institutions of higher education.
      (3)(A) Not later than 180 days after the President of the
    Institute is appointed, the President of the Institute shall make
    policies and procedures governing - 
        (i) the establishment of positions at the Institute,
        (ii) basic compensation for such positions (including health
      and retirement benefits),
        (iii) entitlement to compensation,
        (iv) conditions of employment,
        (v) discharge from employment,
        (vi) the leave system, and
        (vii) such other matters as may be appropriate.

      (B) Rules and regulations promulgated with respect to discharge
    and conditions of employment shall require - 
        (i) that procedures be established for the rapid and equitable
      resolution of grievances of such individuals; and
        (ii) that no individual may be discharged without notice of the
      reasons therefor and an opportunity for a hearing under
      procedures that comport with the requirements of due process.
    (c) Appeal to Board
      Any officer or employee of the Institute may appeal to the Board
    any determination by the President of the Institute to not re-
    employ or to discharge such officer or employee. Upon appeal, the
    Board may, in writing, overturn the determination of the President
    of the Institute with respect to the employment of such officer or
    employee.
    (d) No reduction in classification or compensation
      Individuals who elect to remain civil service employees shall be
    transferred in accordance with applicable laws and regulations
    relating to the transfer of functions and personnel, except that
    any such transfer shall not result in a reduction in classification
    or compensation with respect to any such individual for at least
    one year after the date on which such transfer occurs.
    (e) Leave
      (1) Any individual who - 
        (A) elects under subsection (g) of this section to be covered
      under the provisions of this section, or
        (B) is an employee of the Federal Government and is transferred
      or reappointed, without a break in service, from a position under
      a different leave system to the Institute,

    shall be credited for purposes of the leave system provided under
    rules and regulations promulgated pursuant to subsection (b) of
    this section, with the annual and sick leave to the credit of such
    individual immediately before the effective date of such election,
    transfer, or reappointment.
      (2) Upon termination of employment with the Institute, any annual
    leave remaining to the credit of an individual within the purview
    of this section shall be liquidated in accordance with sections
    5551(a) and 6306 of title 5, except that leave earned or accrued
    under rules and regulations promulgated pursuant to subsection (b)
    of this section shall not be so liquidated.
      (3) In the case of any individual who is transferred, promoted,
    or reappointed, without break in service, to a position in the
    Federal Government under a different leave system, any remaining
    leave to the credit of such person earned or credited under the
    rules and regulations promulgated pursuant to subsection (b) of
    this section shall be transferred to the credit of such individual
    in the employing agency on an adjusted basis in accordance with the
    rules and regulations which shall be promulgated by the Office of
    Personnel Management.
    (f) Applicability
      (1) This section shall apply to any individual appointed after
    October 17, 1986, for employment in the Institute. Except as
    provided in subsections (d) and (g) of this section, the enactment
    of this chapter shall not affect - 
        (A) the continued employment of any individual employed before
      October 17, 1986; or
        (B) such individual's right to receive the compensation
      attached to such position.

      (2) This section shall not apply to an individual whose services
    are procured by the Institute pursuant to a written procurement
    contract.
      (3) This section shall not apply to employees of an entity
    performing services pursuant to a written contract with the
    Institute.
    (g) Termination of civil service positions
      (1) On June 30, 1989, any position at the Institute which is
    occupied by an individual in the civil service shall terminate.
    During such period, such individual may make an irrevocable
    election to be covered under the provisions of this section, except
    that any such individual who is subject to subchapter III of
    chapter 83 of title 5 may elect to continue to be subject to such
    subchapter, and any such individual who is subject to chapter 84 of
    such title may elect to continue to be subject to such chapter.
      (2) Any individual who makes an election under paragraph (1) to
    continue to be subject to subchapter III of chapter 83 of title 5
    or chapter 84 of such title shall, so long as continually employed
    by the Institute without a break in service subject to such
    subchapter or such chapter 84, as the case may be, continue to be
    treated as an employee subject to such subchapter or such chapter
    84, as the case may be. Employment by the Institute without a break
    of continuity in service shall be considered to be employment by
    the United States Government for the purpose of such subchapter or
    such chapter 84, as the case may be. The Institute shall be
    responsible for making the contributions required to be made by an
    employing agency under such subchapter or such chapter 84, as the
    case may be.
    (h) Collective bargaining
      The Institute shall be considered an agency for the purpose of
    chapter 71 of title 5.
    (i) Workmen's compensation
      Employees of the Institute shall receive compensation for work
    injuries and illnesses in accordance with chapter 81 of title 5.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1509, Oct. 17, 1986, 100 Stat.
    1604; Pub. L. 100-297, title V, Sec. 5406(a), Apr. 28, 1988, 102
    Stat. 417; Pub. L. 102-325, title XIII, Sec. 1331(c), July 23,
    1992, 106 Stat. 806; Pub. L. 103-382, title III, Sec. 386(a), Oct.
    20, 1994, 108 Stat. 4020.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (b)(2), is set out
    under section 5332 of Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (f). Pub. L. 103-382 amended heading and text of
    subsec. (f) generally. Prior to amendment, text read as follows:
    "This section shall apply to any individual appointed after October
    17, 1986, for employment in the Institute. Except as provided in
    subsections (d) and (g) of this section, the enactment of this
    chapter shall not affect - 
        "(1) the continued employment of any individual employed
      immediately before October 17, 1986, or
        "(2) such individual's right to receive the compensation
      attached to such position."
      1992 - Subsec. (b)(2). Pub. L. 102-325 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The
    President of the Institute shall fix the basic compensation for
    officers and employees of the Institute at rates comparable to the
    rates in effect under the General Schedule for individuals with
    comparable qualifications, and holding comparable positions, to
    whom chapter 51 of title 5 applies."
      1988 - Subsec. (g)(1). Pub. L. 100-297 substituted "On June 30,
    1989" for "At the end of the 2-year period beginning on the date
    referred to in section 4421(f) of this title".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

                     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 this title.

-End-



-CITE-
    20 USC Sec. 4417                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4417. Functions of Institute

-STATUTE-
    (a) Primary functions
      The primary functions of the Institute shall be - 
        (1) to provide scholarly study of, and instruction in, Indian
      art and culture, and
        (2) to establish programs which culminate in the awarding of
      degrees in the various fields of Indian art and culture.
    (b) Administrative entities
      (1) The Board shall be responsible for establishing the policies
    and internal organization that relate to the control and monitoring
    of all subdivisions, administrative entities, and departments of
    the Institute.
      (2) The specific responsibilities of each subdivision, entity,
    and department of the Institute are solely within the discretion of
    the Board, or its designee.
      (3) The Board shall establish, within the Institute, departments
    for the study of culture and arts and for research and exchange,
    and a museum. The Board shall establish the areas of competency for
    the departments created under this paragraph, which may include
    (but are not limited to) Departments of Arts and Sciences, Visual
    Arts, Performing Arts, Language, Literature and Museology and a
    learning resources center, programs of institutional support and
    development, research programs, fellowship programs, seminars,
    publications, scholar-in-residence programs and inter-institutional
    programs of cooperation at national and international levels.
    (c) Other programs
      In addition to the centers and programs described in subsection
    (b) of this section, the Institute shall develop such programs and
    centers as the Board determines are necessary to - 
        (1) foster research and scholarship in Indian art and culture
      through - 
          (A) resident programs;
          (B) cooperative programs; and
          (C) grant programs;

        (2) complement existing tribal programs for the advancement of
      Indian art and culture; and
        (3) coordinate efforts to preserve, support, revitalize, and
      develop evolving forms of Indian art and culture.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1510, Oct. 17, 1986, 100 Stat.
    1606; Pub. L. 101-644, title V, Sec. 502, Nov. 29, 1990, 104 Stat.
    4668; Pub. L. 102-325, title XIII, Sec. 1331(d), July 23, 1992, 106
    Stat. 807.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-325 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "There
    shall be established within the Institute - 
        "(1) a Center for Culture and Art Studies to be administered by
      a director (appointed by the President of the Institute, with the
      approval of the Board), which shall include (but not be limited
      to) Departments of Arts and Sciences, Visual Arts, Performing
      Arts, Language, Literature, and Museology;
        "(2) a Center for Research and Cultural Exchange, administered
      by a director (appointed by the President of the Institute, with
      the approval of the Board), which shall include - 
          "(A) a learning resources center;
          "(B) programs of institutional support and development;
          "(C) research programs;
          "(D) fellowship programs;
          "(E) seminars;
          "(F) publications;
          "(G) scholar-in-residence and artist-in-residence programs;
        and
          "(H) inter-institutional programs of cooperation at national
        and international levels; and
        "(3) a Museum of American Indian and Alaska Native Arts, which
      shall be under the direction of the President of the Institute."
      1990 - Subsec. (b)(2). Pub. L. 101-644, Sec. 502(1), redesignated
    subpars. (B) to (I) as (A) to (H), respectively, and struck out
    former subpar. (A) which related to a museum of Indian arts.
      Subsec. (b)(3). Pub. L. 101-644, Sec. 502(2)-(4), added par. (3).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

-End-



-CITE-
    20 USC Sec. 4418                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4418. Indian preference

-STATUTE-
    (a) In general
      Notwithstanding any other provision of Federal or State law, the
    Institute is authorized to develop a policy or policies for the
    Institute to extend preference to Indians in - 
        (1) admissions to, and enrollment in, programs conducted by the
      Institute,
        (2) employment by the Institute, and
        (3) contracts, fellowships, and grants awarded by the
      Institute.
    (b) Hiring preference
      In carrying out section 4416(b)(1) of this title, the President
    of the Institute shall, to the maximum extent practicable, give
    preference in hiring to Indians.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1511, Oct. 17, 1986, 100 Stat.
    1607; Pub. L. 102-325, title XIII, Sec. 1331(e), July 23, 1992, 106
    Stat. 807.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-325 inserted "develop a policy or
    policies for the Institute to" after "is authorized to".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

-End-



-CITE-
    20 USC Sec. 4419                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4419. Nonprofit and nonpolitical nature of Institute

-STATUTE-
    (a) Stock
      The Institute shall have no power to issue any shares of stock or
    to declare or pay any dividends.
    (b) Nonprofit nature
      No part of the income or assets of the Institute shall inure to
    the benefit of any director, officer, employee, or any other
    individual except as salary or reasonable compensation for
    services.
    (c) Nonpolitical nature
      The Institute may not contribute to, or otherwise support, any
    political party or candidate for elective public office.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1512, Oct. 17, 1986, 100 Stat.
    1607.)

-End-



-CITE-
    20 USC Sec. 4420                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4420. Tax status; tort liability

-STATUTE-
    (a) Tax status
      The Institute and the franchise, capital, reserves, income, and
    property of the Institute shall be exempt from all taxation now or
    hereafter imposed by the United States, by any Indian tribe, or by
    any State or political subdivision thereof.
    (b) Tort liability
      (1) The Institute shall be subject to liability relating to tort
    claims only to the extent a Federal agency is subject to such
    liability under chapter 171 of title 28.
      (2) For purposes of chapter 171 of title 28, the Institute shall
    be treated as a Federal agency (within the meaning of section 2671
    of such title).
      (3) For purposes of chapter 171 of title 28, the President of the
    Institute shall be deemed the head of the Agency.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1513, Oct. 17, 1986, 100 Stat.
    1608; Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1818.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-446 inserted "; tort liability" in section
    catchline, designated existing provisions as subsec. (a) and
    inserted heading, and added subsec. (b).

-End-



-CITE-
    20 USC Sec. 4421                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4421. Transfer of functions

-STATUTE-
    (a) Institute of American Indian Arts
      There are hereby transferred to the Institute of American Indian
    and Alaska Native Culture and Art Development, and such Institute
    shall perform, the functions of the Institute of American Indian
    Arts established by the Secretary in 1962.
    (b) Certain matters relating to transferred functions
      (1) Subject to subsection (d) of this section, all personnel,
    liabilities, contracts, real property (including the collections of
    the museum located on the site known as the "Santa Fe Indian
    School" but not the museum building), personal property, assets,
    and records as are determined by the Director of the Office of
    Management and Budget to be employed, held, or used primarily in
    connection with any function transferred under the provisions of
    this chapter (regardless of the administrative entity providing the
    services on the date before the transfer) shall be transferred to
    the Institute.
      (2) Personnel engaged in functions transferred by this chapter
    shall be transferred in accordance with applicable laws and
    regulations relating to the transfer of functions, except that such
    transfer shall be without reduction in classification or
    compensation for one year after such transfer.
    (c) References in other laws
      All laws and regulations relating to the Institute of American
    Indian Arts established by the Secretary in 1962 shall, insofar as
    such laws and regulations are appropriate, and not inconsistent
    with the provisions of this chapter, remain in full force and
    effect and apply with respect to the Institute. All references in
    any other Federal law to the Institute of American Indian Arts, or
    any officer transferred to the Institute of American Indian and
    Alaska Native Culture and Arts Development under subsection (b) of
    this section, shall be deemed to refer to the Institute of American
    Indian and Alaska Native Culture and Arts Development or an officer
    of the Institute of American Indian and Alaska Native Culture and
    Arts Development.
    (d) Forgiveness of amounts owed; hold harmless
      (1) Subject to paragraph (2) - 
        (A) the Institute shall be responsible for all obligations of
      the Institute incurred after June 2, 1988, and
        (B) the Secretary shall be responsible for all obligations of
      the Institute incurred on or before June 2, 1988, including those
      which accrued by reason of any statutory, contractual, or other
      reason prior to June 2, 1988, which became payable within two
      years of June 2, 1988.

      (2) With respect to all programs of the Federal Government, in
    whatever form or from whatever source derived, the Institute shall
    only be held responsible for actions and requirements, either
    administrative, regulatory, or statutory in nature, for events
    which occurred after July 1, 1988, including the submission of
    reports, audits, and other required information. The United States
    may not seek any monetary damages or repayment for the commission
    of events, or omission to comply with either administrative or
    regulatory requirements, for any action which occurred prior to
    June 2, 1988.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1514, Oct. 17, 1986, 100 Stat.
    1608; Pub. L. 100-153, Sec. 8, Nov. 5, 1987, 101 Stat. 887; Pub. L.
    100-297, title V, Sec. 5406(d), Apr. 28, 1988, 102 Stat. 418; Pub.
    L. 101-644, title V, Sec. 503, Nov. 29, 1990, 104 Stat. 4669; Pub.
    L. 102-325, title XIII, Sec. 1331(f), July 23, 1992, 106 Stat.
    807.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(1). Pub. L. 102-325, Sec. 1331(f)(1),
    substituted "Subject to subsection (d) of this section, all
    personnel" for "All personnel".
      Subsec. (d)(2). Pub. L. 102-325, Sec. 1331(f)(2), substituted
    "monetary damages" for "monetary damage".
      1990 - Subsec. (d). Pub. L. 101-644, Sec. 503, added subsec. (d)
    and struck out former subsec. (d) which read as follows: "Unless
    the Board provides otherwise, the Secretary of the Interior shall,
    until October 1, 1989, provide such technical and support
    assistance to the Institute as the Secretary determines reasonable
    or necessary to assist the Institute. Such assistance shall include
    audit, accounting, computer services, and building and maintenance
    services."
      Subsecs. (e), (f). Pub. L. 101-644, Sec. 503(1), struck out
    subsec. (e) which related to completion of transfers, final date of
    control of Institute by Secretary, payment of unexpended or
    unobligated funds, and responsibility for subsequently incurred
    obligations, and subsec. (f) which related to contract with
    University of New Mexico, terms of contract, and composition of
    advisory council.
      1988 - Subsec. (e)(3), (4). Pub. L. 100-297 added pars. (3) and
    (4).
      1987 - Subsec. (d). Pub. L. 100-153, Sec. 8(1), (2), substituted
    "Unless the Board provides otherwise" for "During the 2-year period
    beginning on the date referred to in subsection (f) of this
    section" and inserted ", until October 1, 1989," after "Secretary
    of the Interior shall".
      Subsec. (e). Pub. L. 100-153, Sec. 8(3), added subsec. (e) and
    struck out former subsec. (e) which read as follows: "During the
    period beginning on October 17, 1986, and ending on the date
    referred to in subsection (f) of this section, the Advisory Board
    for Institute of American Indian Arts shall continue to act in an
    advisory role for the Board and the Institute of American Indian
    and Alaska Native Culture and Arts Development."
      Subsec. (f). Pub. L. 100-153, Sec. 8(3), added subsec. (f) and
    struck out former subsec. (f) which read as follows: "The
    provisions of this section (other than subsection (e) of this
    section) shall take effect on October 1, 1986."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

                     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 this title.

-End-



-CITE-
    20 USC Sec. 4422                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4422. Reports

-STATUTE-
    (a) Annual report
      The President of the Institute shall submit an annual report to
    the Congress and to the Board concerning the status of the
    Institute during the 12 calendar months preceding the date of the
    report. Such report shall include, among other matters, a detailed
    statement of all private and public funds, gifts, and other items
    of a monetary value received by the Institute during such 12-month
    period and the disposition thereof as well as any recommendations
    for improving the Institute.
    (b) Budget proposal
      (1) After September 30, 1988 and for each fiscal year thereafter,
    the Board shall submit a budget proposal to the Congress.
      (2) A budget proposal under this subsection shall be submitted
    not later than April 1 of each calendar year and shall propose a
    budget for the Institute for the 2 fiscal years succeeding the
    fiscal year during which such proposal is submitted.
      (3) In determining the amount of funds to be appropriated to the
    Institute on the basis of such proposals, the Congress shall not
    consider the amount of private fundraising or bequests made on
    behalf of the Institute during any preceding fiscal year.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1515, Oct. 17, 1986, 100 Stat.
    1609; Pub. L. 100-297, title V, Sec. 5406(f), Apr. 28, 1988, 102
    Stat. 418; Pub. L. 102-325, title XIII, Sec. 1331(g), July 23,
    1992, 106 Stat. 807.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-325 redesignated pars. (2) to (4)
    as (1) to (3), respectively, and struck out former par. (1) which
    read as follows: "Prior to October 1, 1988, the Board shall submit
    a budget proposal to the Secretary of the Interior. The Secretary
    shall submit that proposal to the Congress."
      1988 - Subsec. (b)(1). Pub. L. 100-297, Sec. 5406(f)(1),
    substituted "Prior to October 1, 1988" for "During the 2-year
    period beginning on the date referred to in section 4421(f) of this
    title".
      Subsec. (b)(2). Pub. L. 100-297, Sec. 5406(f)(2), substituted
    "September 30, 1988" for "the period described in paragraph (1)".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

                     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 this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (a) of this section relating to submitting an annual report to
    Congress, and provisions in subsec. (b) of this section relating to
    submitting annual budget proposal to Congress, see section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and page 201 of House Document No. 103-
    7.

-End-



-CITE-
    20 USC Sec. 4423                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4423. Headquarters

-STATUTE-
      Santa Fe, New Mexico, shall be maintained as the location for the
    Institute of Indian and Alaska Native Culture and Arts Development.
    To facilitate this action and the continuity of programs being
    provided at the Institute of American Indian Arts, the Board may
    enter into negotiations with State and local governments for such
    exchanges or transfers of lands and such other assistance as may be
    required.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1516, Oct. 17, 1986, 100 Stat.
    1609; Pub. L. 102-325, title XIII, Sec. 1331(h), July 23, 1992, 106
    Stat. 807.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-325 struck out "The site of the Institute of
    American Indian Arts, at" before "Santa Fe, New Mexico" and
    substituted "the Board may enter" for "the Secretary may enter".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

-End-



-CITE-
    20 USC Sec. 4424                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4424. Compliance with other Acts

-STATUTE-
    (a) In general
      The Institute shall comply with the provisions of - 
        (1) Public Law 95-341 (42 U.S.C. 1996 [, 1996a]), popularly
      known as the American Indian Religious Freedom Act,
        (2) the Archeological Resources Protection Act of 1979 (16
      U.S.C. 470aa et seq.), and
        (3) the National Historic Preservation Act (16 U.S.C. 470 et
      seq.).
    (b) Criminal laws
      All Federal criminal laws relating to larceny, embezzlement, or
    conversion of the funds or the property of the United States shall
    apply to the funds and property of the Institute.
    (c) Other Federal assistance
      (1) Funds received by the institute (!1) pursuant to this chapter
    (!2) shall not be regarded as Federal money for purposes of meeting
    any matching requirements for any Federal grant, contract or
    cooperative agreement.


      (2) The Institute shall not be subject to any provision of law
    requiring that non-Federal funds or other moneys be used in part to
    fund any grant, contract, cooperative agreement, or project as a
    condition to the application for, or receipt of, Federal
    assistance. This subsection shall not be construed to effect (!3)
    in a negative fashion the review, prioritization, or acceptance of
    any application or proposal for such a program, solicited or
    unsolicited.


-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1517, Oct. 17, 1986, 100 Stat.
    1609; Pub. L. 101-644, title V, Sec. 504, Nov. 29, 1990, 104 Stat.
    4669; Pub. L. 102-325, title XIII, Sec. 1331(i), July 23, 1992, 106
    Stat. 808.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 95-341, popularly known as the American Indian
    Religious Freedom Act, referred to in subsec. (a)(1), is Pub. L. 95-
    341, Aug. 11, 1978, 92 Stat. 469, as amended, which is classified
    to sections 1996 and 1996a of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 1996 of Title 42 and Tables.
      The Archaeological Resources Protection Act of 1979, referred to
    in subsec. (a)(2), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721,
    which is classified generally to chapter 1B (Sec. 470aa et seq.) of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 470aa of Title
    16 and Tables.
      The National Historic Preservation Act, referred to in subsec.
    (a)(3), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
    which is classified generally to subchapter II (Sec. 470 et seq.)
    of chapter 1A of Title 16. For complete classification of this Act
    to the Code, see section 470(a) of Title 16 and Tables.
      This chapter, referred to in subsec. (c)(1), was in the original
    "this Act" and was translated as reading "this title", meaning
    title XV of Pub. L. 99-498 to reflect the probable intent of
    Congress.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (c). Pub. L. 102-325 designated existing
    provisions as par. (1) and added par. (2).
      1990 - Subsec. (c). Pub. L. 101-644 added subsec. (c).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "affect".


-End-



-CITE-
    20 USC Sec. 4425                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4425. Endowment programs

-STATUTE-
    (a) Program enhancement endowment
      (1)(A) From the total amount appropriated for this subsection
    pursuant to section 4451(a) of this title, funds may be deposited
    into a trust fund maintained by the Institute at a federally
    insured banking or savings institution.
      (B) The President of the Institute shall provide - 
        (i) for the deposit into the trust fund referred to in
      subparagraph (A) - 
          (I) of a capital contribution by the Institute in an amount
        equal to the amount of each Federal contribution; and
          (II) any earnings on the funds deposited under this
        paragraph; or

        (ii) for the reservation for the sole use of the Institute of
      any noncash, in-kind contributions of real or personal property,
      which property may at any time be converted to cash, which shall
      be deposited as a capital contribution into the trust fund
      referred to in subparagraph (A).

      (C) If at any time the Institute withdraws any capital
    contribution (as described in subparagraph (B)(i)) made by the
    Institute to the trust fund referred to in subparagraph (A) or puts
    any property (as described in subparagraph (B)(ii)) to a use which
    is not for the sole benefit of the Institute, an amount equal to
    the value of the Federal contribution shall be withdrawn from such
    trust fund and returned to the Treasury as miscellaneous receipts.
      (2) Interest deposited into the trust fund pursuant to paragraph
    (1)(B)(ii) may be periodically withdrawn and used, at the direction
    of the Board or its designee, to defray any expense associated with
    the operation of the Institute, including the expense of operations
    and maintenance, administration, academic and support personnel,
    community and student services programs, and technical assistance.
      (3) For the purpose of complying with the contribution
    requirement of paragraph (1)(B), the Institute may use funds or in-
    kind contributions of real or personal property fairly valued
    which are made available from any private or tribal source,
    including interest earned by the funds invested under this
    subsection. In-kind contributions shall be other than fully
    depreciable property or property which is designated for addition
    to the permanent collection of the Museum and shall be valued
    according to the procedures established for such purpose by the
    Secretary of the Treasury. For purposes of this paragraph, all
    contributions, including in-kind and real estate, which are on-hand
    as of November 29, 1990 and which have been received after June 2,
    1988, but which have not been included in computations under this
    provision shall be eligible for matching with Federal funds
    appropriated in any fiscal year. All funds transferred to the
    Institute by the Secretary of the Treasury after June 2, 1988,
    shall be deemed to have been properly transferred as of July 23,
    1992.
      (4) Amounts appropriated under section 4451(a) of this title for
    use under this subsection shall be paid by the Secretary of the
    Treasury to the Institute as a Federal capital contribution equal
    to the amount of funds or the value of the in-kind contributions
    which the Institute demonstrates have been placed within the
    control of, or irrevocably committed to the use of, the Institute
    as a capital contribution of the Institute in accordance with this
    subsection.
    (b) Capital improvement endowment
      (1) In addition to the trust fund established under subsection
    (a) of this section, funds may be deposited into a trust fund
    maintained by the Institute at a federally insured banking or
    savings institution from the amount reserved for this subsection
    pursuant to section 4451(a) of this title for the purpose of
    establishing a separate special endowment for capital improvement
    (hereafter in this subsection referred to as the "capital endowment
    fund") to pay expenses associated with site selection and
    preparation, site planning and architectural design and planning,
    new construction, materials and equipment procurement, renovation,
    alteration, repair, and other building and expansion costs of the
    Institute.
      (2) The President of the Institute shall provide for the deposit
    into the capital endowment fund of a capital contribution by the
    Institute in an amount equal to the amount of each Federal
    contribution and any earnings on amounts in the capital endowment
    fund.
      (3) Funds deposited by the Institute as a match for Federal
    contributions under paragraph (5) shall remain in the capital
    endowment fund for a period of not less than two years. If at any
    time the Institute withdraws any capital contribution to the
    capital endowment fund before the funds have been deposited for
    this two-year period, an equal amount of the Federal contribution
    shall be withdrawn from the capital endowment fund and returned to
    the Treasury as miscellaneous receipts. At the end of the two-year
    period, the entire principal and interest of the funds deposited
    for this period, including the Federal matching portion, shall
    accrue, without reservation, to the Institute and may be withdrawn,
    in whole or in part, to defray expenses associated with capital
    acquisition and improvement of the Institute referred to in
    paragraph (1).
      (4) For the purpose of complying with the contribution
    requirement of paragraph (2), the Institute may use funds which are
    available from any private, non-Federal governmental, or tribal
    source.
      (5) Subject to paragraph (3), amounts appropriated under section
    4451(a) of this title for use under this subsection shall be paid
    by the Secretary of the Treasury to the Institute as a Federal
    capital contribution equal to the amount which the Institute
    demonstrates has been placed within the control of, or irrevocably
    committed to the use of, the Institute and is available for deposit
    as a capital contribution of the Institute in accordance with this
    subsection.
      (6) For the purpose of complying with the contribution
    requirement in this subsection, the Institute may use funds or in-
    kind contributions of real or personal property. For the purposes
    of this paragraph, all contributions, in-kind and real estate,
    which are held by the Institute beginning on November 29, 1990, and
    which were received after June 2, 1988, but which have not been
    included in their entirety in computations under this section shall
    be eligible for matching Federal funds appropriated in any year.
    (c) General administrative provisions
      (1) Funds in the trust funds described in subsections (a) and (b)
    of this section shall be invested under the same conditions and
    limitations as funds are invested under section 1065(c)(2) of this
    title and the regulations implementing such section (as such
    regulations were in effect at the time the funds are invested).
      (2) No part of the net earnings of the trust funds established
    under this section shall inure to the benefit of any private
    person.
      (3) Any amounts deposited in a trust fund authorized under
    subsection (a) of this section may be used to secure loans procured
    for the purposes of constructing or improving Institute facilities.
      (4) The President of the Institute shall provide for such other
    provisions governing the trust funds established under this section
    as may be necessary to protect the financial interest of the United
    States and to promote the purpose of this chapter as agreed to by
    the Secretary of the Treasury and the Board or its designee,
    including recordkeeping procedures for the investment of funds
    received under the trust fund established under subsection (b) of
    this section and such other recordkeeping procedures for the
    expenditure of accumulated interest for the trust fund under
    subsection (a) of this section as will allow the Secretary of the
    Treasury to audit and monitor activities under this section.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1518, Oct. 17, 1986, 100 Stat.
    1609; Pub. L. 100-297, title V, Sec. 5406(b), Apr. 28, 1988, 102
    Stat. 417; Pub. L. 101-644, title V, Sec. 505, Nov. 29, 1990, 104
    Stat. 4669; Pub. L. 102-325, title XIII, Sec. 1331(j), July 23,
    1992, 106 Stat. 808; Pub. L. 103-382, title III, Sec. 386(b), Oct.
    20, 1994, 108 Stat. 4020.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(6). Pub. L. 103-382, Sec. 386(b)(1), added
    par. (6).
      Subsec. (c)(1). Pub. L. 103-382, Sec. 386(b)(2), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "Funds in
    the trust funds described in subsections (a) and (b) of this
    section shall be invested at a rate not less than that generally
    available for similar funds deposited at the same banking
    institution for the same period or periods of time."
      1992 - Subsec. (a)(3). Pub. L. 102-325, Sec. 1331(j)(1)(A),
    substituted "November 29, 1990" for "the date of enactment of this
    Act".
      Pub. L. 102-325, Sec. 1331(j)(1)(B), inserted at end "All funds
    transferred to the Institute by the Secretary of the Treasury after
    June 2, 1988, shall be deemed to have been properly transferred as
    of July 23, 1992."
      Subsec. (b)(4). Pub. L. 102-325, Sec. 1331(j)(2), inserted ", non-
    Federal governmental," after "any private".
      Subsec. (c)(3), (4). Pub. L. 102-325, Sec. 1331(j)(3), added par.
    (3) and redesignated former par. (3) as (4).
      1990 - Pub. L. 101-644 amended section generally, substituting
    present provisions consisting of subsecs. (a) to (c) for former
    text which provided: in subsec. (a), establishment of program; in
    subsec. (b), use of funds; in subsec. (c), compliance with matching
    requirement; and in subsec. (d), payment of Federal contribution.
      1988 - Subsec. (a)(1). Pub. L. 100-297, Sec. 5406(b)(1),
    substituted "From amounts appropriated under section 4451(a) of
    this title, not more than $500,000" for "From the amount
    appropriated pursuant to section 4441(a) of this title, the
    Secretary shall make available to the Institute not more than
    $500,000 which".
      Subsec. (d). Pub. L. 100-297, Sec. 5406(b)(2), in subsec. heading
    substituted "Payment of Federal contribution" for "Allocation of
    funds", and in text substituted "Amounts appropriated under section
    4451(a) of this title for use under this section shall be paid by
    the Secretary of the Treasury to the Institute as" for "From the
    amount appropriated pursuant to section 4441(a) of this title, the
    Secretary shall allocate to the Institute an amount for".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of this
    title.

                     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 this title.

-End-



-CITE-
    20 USC Sec. 4426                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER I - AMERICAN INDIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4426. Provision of facilities

-STATUTE-
    (a) Plan
      The Board shall prepare a master plan on the short- and long-term
    facilities needs of the Institute. The master plan shall include
    evaluation of all facets of existing Institute programs, including
    support activities and programs and facilities. The master plan
    shall include impact projections for the Institute's move to a new
    campus site. This master plan shall evaluate development and
    construction requirements (based on a growth plan approved by the
    Board), including (but not limited to) items such as infrastructure
    and site analysis, development of a phased plan with architectural
    and engineering studies, cost projections, landscaping, and related
    studies which cover all facets of the Institute's programs and
    planned functions.
    (b) Deadline for transmittal
      The plan required by this subsection shall be transmitted to
    Congress no later than 18 months after July 23, 1992. Such plan
    shall include a prioritization of needs, as determined by the
    Board.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1519, as added Pub. L. 102-325,
    title XIII, Sec. 1331(k), July 23, 1992, 106 Stat. 808.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
    set out as an Effective Date of 1992 Amendment note under section
    1001 of this title.

-End-


-CITE-
    20 USC SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA
           NATIVES                                         01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

-HEAD-
            SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES        

-End-



-CITE-
    20 USC Sec. 4441                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4441. Program for Native Hawaiian and Alaska Native culture
      and arts development

-STATUTE-
    (a) In general
      The Secretary of the Interior is authorized to make grants for
    the purpose of supporting programs for Native Hawaiian or Alaska
    Native culture and arts development to any private, nonprofit
    organization or institution which - 
        (1) primarily serves and represents Native Hawaiians or Alaska
      Natives, and
        (2) has been recognized by the Governor of the State of Hawaii
      or the Governor of the State of Alaska, as appropriate, for the
      purpose of making such organization or institution eligible to
      receive such grants.
    (b) Purpose of grants
      Grants made under subsection (a) of this section shall, to the
    extent deemed possible by the Secretary and the recipient of the
    grant, be used - 
        (1) to provide scholarly study of, and instruction in, Native
      Hawaiian or Alaska Native art and culture,
        (2) to establish programs which culminate in the awarding of
      degrees in the various fields of Native Hawaiian or Alaska Native
      art and culture, or
        (3) to establish centers and programs with respect to Native
      Hawaiian or Alaska Native art and culture that are similar in
      purpose to the centers and programs described in subsections (b)
      and (c) of section 4417 of this title.
    (c) Management of grants
      (1) Any organization or institution which is the recipient of a
    grant made under subsection (a) of this section shall establish a
    governing board to manage and control the program with respect to
    which such grant is made.
      (2) For any grants made with respect to Native Hawaiian art and
    culture, the members of the governing board which is required to be
    established under paragraph (1) shall - 
        (A) be Native Hawaiians or individuals widely recognized in the
      field of Native Hawaiian art and culture,
        (B) include a representative of the Office of Hawaiian Affairs
      of the State of Hawaii,
        (C) include the president of the University of Hawaii,
        (D) include the president of the Bishop Museum, and
        (E) serve for a fixed term of office.

      (3) For any grants made with respect to Alaska Native art and
    culture, the members of the governing board which is required to be
    established under paragraph (1) shall - 
        (A) include Alaska Natives and individuals widely recognized in
      the field of Alaska Native art and culture,
        (B) represent the Eskimo, Indian and Aleut cultures of Alaska,
      and
        (C) serve for a fixed term.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1521, Oct. 17, 1986, 100 Stat.
    1610; Pub. L. 103-239, title VII, Sec. 722(2), May 4, 1994, 108
    Stat. 606.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-239 amended section generally, substituting
    provisions relating to development program for Native Hawaiian and
    Alaska Native culture and arts for provisions relating to
    development program for Native Hawaiian culture and arts.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Pub. L. 103-239, Sec. 801, May 4, 1994, 108 Stat. 607, provided
    that: "This Act [see Short Title note set out under section 6101 of
    this title] shall take effect on the date of enactment of this Act
    [May 4, 1994]."

-End-



-CITE-
    20 USC Sec. 4442                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER II - NATIVE HAWAIIANS AND ALASKA NATIVES

-HEAD-
    Sec. 4442. Administrative provisions

-STATUTE-
    (a) Payments
      The Secretary may award grants under this subchapter in
    installments, in advance, or by way of reimbursement and may make
    necessary adjustments in payments of grants on account of
    overpayments or underpayments.
    (b) Recovery of overpayments
      (1) If the Secretary or a court of competent jurisdiction finds
    that - 
        (A) any person - 
          (i) has - 
            (I) made, or has caused to be made by another, a false
          statement or representation of a material fact knowing it to
          be false, or
            (II) knowingly failed, or caused another to fail, to
          disclose a material fact; and

          (ii) as a result of such action, has received any funds under
        this subchapter which such person would not have otherwise
        received, or

        (B) any person misappropriates any funds paid by the Secretary
      under this subchapter,

    such person shall be liable to repay the amount of such funds to
    the United States. Any such finding by the Secretary may be made
    only after an opportunity for a fair hearing.
      (2) Any amount repaid under this subsection shall be returned to
    the general fund of the Treasury of the United States.
    (c) Penalties
      Whoever - 
        (1) makes a false statement of a material fact knowing it to be
      false, or knowingly fails to disclose a material fact, for the
      purpose of obtaining or increasing for such person or for any
      other person any payment of funds provided under this subchapter,
      or
        (2) misappropriates any funds provided under this subchapter,

    shall be fined not more than $1,000 or imprisoned for not more than
    one year, or both.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1522, Oct. 17, 1986, 100 Stat.
    1611.)

-End-


-CITE-
    20 USC SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS     01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
             SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS         

-End-



-CITE-
    20 USC Sec. 4451                                            01/03/2007

-EXPCITE-
    TITLE 20 - EDUCATION
    CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN
                  CULTURE AND ART DEVELOPMENT     
    SUBCHAPTER III - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
    Sec. 4451. Authorization of appropriations

-STATUTE-
    (a) Subchapter I
      (1) There are authorized to be appropriated for each fiscal year
    such sums as may be necessary to carry out the provisions of
    subchapter I of this chapter.
      (2) Funds appropriated under the authority of paragraph (1) shall
    remain available without fiscal year limitation.
      (3) Except as provided for amounts subject to section 4425(d)
    (!1) of this title, amounts appropriated under the authority of
    this subsection for fiscal year 1989, and for each succeeding
    fiscal year, shall be paid to the Institute at the later of - 

        (A) the beginning of the fiscal year, or
        (B) upon enactment of such appropriation.
      (4) Funds appropriated under this subsection for the fiscal year
    1992 and for each succeeding fiscal year shall be transferred by
    the Secretary of the Treasury through the most expeditious method
    available with the Institute being designated as its own certifying
    agency.
      (5) Funds are authorized to be appropriated for programs for more
    than one fiscal year. For the purpose of affording adequate notice
    of funding available under this chapter,(!1) amounts appropriated
    in an appropriations Act for any fiscal year to carry out this
    chapter (!1) may, subject to the appropriation, become available
    for obligations on July 1 of that fiscal year.
    (b) Subchapter II
      There are authorized to be appropriated for the purpose of
    carrying out the provisions of subchapter II of this chapter - 
        (1) for fiscal year 1987, $1,000,000, and
        (2) for each succeeding fiscal year, such sums as may be
      necessary to carry out such provisions.

-SOURCE-
    (Pub. L. 99-498, title XV, Sec. 1531, Oct. 17, 1986, 100 Stat.
    1612; Pub. L. 100-297, title V, Sec. 5406(c), Apr. 28, 1988, 102
    Stat. 418; Pub. L. 101-644, title V, Sec. 506, Nov. 29, 1990, 104
    Stat. 4672.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4425 of this title, referred to in subsec. (a)(3), was
    amended generally by Pub. L. 101-644, title V, Sec. 505, Nov. 29,
    1990, 104 Stat. 4669, and, as so amended, provisions similar to
    subsec. (d) are contained in subsec. (a)(4).
      This chapter, referred to in subsec. (a)(5), was in the original
    "this Act" and was translated as reading "this title", meaning
    title XV of Pub. L. 99-498 to reflect the probable intent of
    Congress.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(4), (5). Pub. L. 101-644 added pars. (4) and
    (5).
      1988 - Subsec. (a). Pub. L. 100-297 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows: "There
    are authorized to be appropriated for the purpose of carrying out
    the provisions of subchapter I of this chapter - 
        "(1) for fiscal year 1987, $4,000,000, and
        "(2) for each succeeding fiscal year, such sums as may be
      necessary to carry out such provisions."

                     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 this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-