§ 1808 TITLE 25—INDIANS Page 552

Jan. 15 of each year the current status of tribally controlled community colleges and his recommendations

for needed action.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1806, 1810, 1811,

1813, 1832 of this title.

§ 1808. Amount of grants

(a) Formula

Except as provided in section 1811 of this title,

the Secretary shall, subject to appropriations,

grant for each academic year to each tribally

controlled community college having an application approved by him an amount equal to the

product of—

(1) the Indian student count at such college

during the academic year preceding the academic year for which such funds are being

made available, as determined by the Secretary in accordance with section 1801(a)(7) of

this title; and

(2) $5,820,

except that no grant shall exceed the total cost

of the education program provided by such college.

(b) Advance installment payments; adjustments;

methods of payment; interest or investment

income; types of investments

(1) The Secretary shall make payments, pursuant to grants under this chapter, of not less

than 95 percent of the funds available for allotment by October 15 or no later than 14 days after

appropriations become available, with a payment equal to the remainder of any grant to

which a grantee is entitled to be made no later

than January 1 of each fiscal year.

(2) Notwithstanding any other provision of

law, the Secretary shall not, in disbursing funds

provided under this subchapter, use any method

of payment which was not used during fiscal

year 1987 in the disbursement of funds provided

under this subchapter.

(3)(A) Notwithstanding any provision of law

other than subparagraph (B), any interest or investment income that accrues on any funds provided under this subchapter after such funds are

paid to the tribally controlled community college and before such funds are expended for the

purpose for which such funds were provided

under this subchapter shall be the property of

the tribally controlled community college and

shall not be taken into account by any officer or

employee of the Federal Government in determining whether to provide assistance, or the

amount of assistance, to the tribally controlled

community college under any provision of Federal law.

(B) All interest or investment income described in subparagraph (A) shall be expended by

the tribally controlled community college by no

later than the close of the fiscal year succeeding

the fiscal year in which such interest or investment income accrues.

(4) Funds provided under this subchapter may

only be invested by the tribally controlled community college in obligations of the United

States or in obligations or securities that are

guaranteed or insured by the United States.

(c) Accounting by recipient institutions; data collection system

(1) Each institution receiving payments under

this subchapter shall annually provide to the

Secretary an accurate and detailed accounting

of its operating and maintenance expenses and

such other information concerning costs as the

Secretary may request.

(2) The Secretary shall, in consultation with

the National Center for Education Statistics, establish a data collection system for the purpose

of obtaining accurate information with respect

to the needs and costs of operation and maintenance of tribally controlled community colleges.

(d) Construction of section

Nothing in this section shall be construed as

interfering with, or suspending the obligation of

the Bureau for, the implementation of all legislative provisions enacted prior to April 28, 1988,

specifically including those of Public Law 98–192.

(Pub. L. 95–471, title I, §108, formerly §107, Oct.

17, 1978, 92 Stat. 1327; Pub. L. 97–375, title I,

§108(c), Dec. 21, 1982, 96 Stat. 1820; renumbered

§108 and amended Pub. L. 98–192, §§4(a)(1), 7, Dec.

1, 1983, 97 Stat. 1336, 1337; Pub. L. 99–428, §4, Sept.

30, 1986, 100 Stat. 983; Pub. L. 100–297, title V,

§5402(a), Apr. 28, 1988, 102 Stat. 415; Pub. L.

100–427, §24, Sept. 9, 1988, 102 Stat. 1613; Pub. L.

101–477, §1(a), Oct. 30, 1990, 104 Stat. 1152.)

REFERENCES IN TEXT

Public Law 98–192, referred to in subsec. (d), is Pub.

L. 98–192, Dec. 1, 1983, 97 Stat. 1335, which enacted sections 1804a and 1831 to 1836 of this title, amended sections 640c–1, 1801 to 1803, and 1805 to 1813 of this title,

and enacted provisions set out as a note under section

1815 of this title. For complete classification of Pub. L.

98–192 to the Code, see Tables.

AMENDMENTS

1990—Subsec. (a)(1). Pub. L. 101–477, §1(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as

follows: ‘‘the Indian student count at such college during such academic year, as determined by the Secretary in accordance with section 1801(a)(7) of this title;

and’’.

Subsec. (b)(1). Pub. L. 101–477, §1(a)(2), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Secretary shall make payments, pursuant

to grants under this subchapter, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such

other factors as determined by the Secretary. Adjustments for overpayments and underpayments shall be

applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each

year.’’

Subsecs. (c), (d). Pub. L. 101–477, §1(a)(3), redesignated

subsec. (c), relating to construction of section, as (d).

1988—Subsec. (b). Pub. L. 100–297 designated existing

provisions as par. (1) and added pars. (2) to (4).

Subsec. (c). Pub. L. 100–427 added subsec. (c) relating

to construction of section.

1986—Subsec. (a)(2). Pub. L. 99–428 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

‘‘(A) $4,000 for fiscal year 1984,

‘‘(B) $5,025 for fiscal year 1985,

‘‘(C) $5,415 for fiscal year 1986, and

‘‘(D) $5,820 for fiscal year 1987,’’.

1983—Subsec. (a). Pub. L. 98–192 amended subsec. (a)

generally, substituting provision establishing a formula premised on Indian student count at each tribally
Page 553 TITLE 25—INDIANS § 1810

1See References in Text note below.

controlled community college on which funding is to be

based for provision which directing the Secretary to

grant an amount equal to $4,000 for each full-time

equivalent Indian student in attendance during the

academic year to each tribally controlled community

college having an application approved by the Secretary.

1982—Subsec. (c)(2). Pub. L. 97–375 struck out provision directing Secretary to report annually to Congress on needs of tribally controlled community colleges.

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 an Effective Date note under section 1201 of Title

20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1805, 1809, 1811

of this title.

§ 1809. Effect on other programs

(a) Eligibility for assistance

Except as specifically provided in this subchapter, eligibility for assistance under this subchapter shall not, by itself, preclude the eligibility of any tribally controlled college to receive Federal financial assistance under any

program authorized under the Higher Education

Act of 1965 [20 U.S.C. 1001 et seq.] or any other

applicable program for the benefit of institutions of higher education, community colleges,

or postsecondary educational institutions.

(b) Allocations from Bureau of Indian Affairs

(1) The amount of any grant for which tribally

controlled community colleges are eligible

under section 1808 of this title shall not be altered because of funds allocated to any such colleges from funds appropriated under section 13

of this title.

(2) No tribally controlled community college

shall be denied funds appropriated under section

13 of this title because of the funds it receives

under this chapter.

(3) No tribally controlled community college

for which a tribe has designated a portion of the

funds appropriated for the tribe from funds appropriated under section 13 of this title may be

denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) (except as provided in that Act), or denied appropriate contract support to administer such portion of the

appropriated funds.

(c) Assistance deemed to be basic educational opportunity grant

For the purposes of sections 312(2)(A)(i) and

322(a)(2)(A)(i) of the Higher Education Act of

1965 [20 U.S.C. 1058(2)(A)(i), 1061(a)(2)(A)(i)],1 any

Indian student who receives a student assistance

grant from the Bureau of Indian Affairs for postsecondary education shall be deemed to have received such assistance under subpart 1 of part A

of title IV of such Act [20 U.S.C. 1070a].

(d) Treatment of funds under certain Federal

laws

Notwithstanding any other provision of law,

funds provided under this subchapter to the tribally controlled community college may be treated as non-Federal, private funds of the college

for purposes of any provision of Federal law

which requires that non-Federal or private funds

of the college be used in a project or for a specific purpose.

(Pub. L. 95–471, title I, §109, formerly §108, Oct.

17, 1978, 92 Stat. 1328; renumbered §109 and

amended Pub. L. 98–192, §§4(a)(1), 8, Dec. 1, 1983,

97 Stat. 1336, 1337; Pub. L. 99–428, §5, Sept. 30,

1986, 100 Stat. 983; Pub. L. 100–297, title V,

§5403(a), Apr. 28, 1988, 102 Stat. 416.)

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsecs. (a) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat.

1219, as amended, which is classified principally to

chapter 28 (§1001 et seq.) of Title 20, Education. Sections 312 and 322 of the Higher Education Act of 1965,

which were classified to sections 1058 and 1061, respectively, of Title 20, were omitted in the general revision

of title III of the Higher Education Act of 1965 by Pub.

L. 99–498, title III, §301(a), Oct. 17, 1986, 100 Stat. 1290,

which enacted new sections 312 and 322 which are classified to sections 1058 and 1061, respectively, of Title 20.

Subpart 1 of part A of title IV of the Higher Education

Act of 1965 is classified generally to subpart 1 (§1070a et

seq.) of part A of subchapter IV of chapter 28 of Title

20. For complete classification of this Act to the Code,

see Short Title note set out under section 1001 of Title

20 and Tables.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(3), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

AMENDMENTS

1988—Subsec. (d). Pub. L. 100–297 added subsec. (d).

1986—Subsec. (b)(3). Pub. L. 99–428 added par. (3).

1983—Pub. L. 98–192, §8, designated existing provision

as subsec. (a) and added subsecs. (b) and (c).

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 an Effective Date note under section 1201 of Title

20, Education.

§ 1810. Authorization of appropriations

(a)(1) There is authorized to be appropriated,

for the purpose of carrying out section 1805 of

this title, $3,200,000 for fiscal year 1993 and such

sums as may be necessary for each of the 4 succeeding fiscal years.

(2) There is authorized to be appropriated for

the purpose of carrying out section 1807 of this

title, $30,000,000 for fiscal year 1993 and such

sums as may be necessary for each of the 4 succeeding fiscal years.

(3) There is authorized to be appropriated for

the purpose of carrying out sections 1812(b) and

1813 of this title, $10,000,000 for fiscal year 1993

and such sums as may be necessary for each of

the 4 succeeding fiscal years.

(4) Funds appropriated pursuant to the authorizations under this section for the fiscal year

1993 and for each of the succeeding 4 fiscal years

shall be transferred by the Secretary of the

Treasury through the most expeditious method

available, with each of the Tribally Controlled

Community Colleges being designated as its own

certifying agency.