Page 555 TITLE 25—INDIANS § 1812

1See References in Text note below.

title for any fiscal year to which subsection (a)

of this section or paragraph (1) of this subsection applies, such additional amounts shall

be allocated by first increasing grants reduced

under paragraph (1) of this subsection on the

same basis as they were reduced and by then allocating the remainder in accordance with subsection (a) of this section. Sums appropriated in

excess of the amount necessary to pay in full

the total amounts for which applicants are eligible under section 1807 of this title shall be allocated by ratably increasing such total amounts.

(3) References in this subsection and subsection (a) of this section to section 1807 of this

title shall, with respect to fiscal year 1983, be

deemed to refer to section 1806 of this title as in

effect at the beginning of such fiscal year.

(c) Reallocation of funds

In any fiscal year in which the amounts for

which grant recipients are eligible to receive

have been reduced under the first sentence of

subsection (a) of this section, and in which additional funds have not been made available to

pay in full the total of such amounts under the

second sentence of such subsection, each grantee

shall report to the Secretary any unused portion

of received funds ninety days prior to the grant

expiration date. The amounts so reported by any

grant recipient shall be made available for reallocation to eligible grantees on a basis proportionate to the amount which is unfunded as a result of the ratable reduction, but no grant recipient shall receive, as a result of such reallocation, more than the amount provided for under

section 1807(a) of this title.

(Pub. L. 95–471, title I, §111, formerly §110, Oct.

17, 1978, 92 Stat. 1328; renumbered §111 and

amended Pub. L. 98–192, §§4(a)(1), (b)(3), 10, Dec.

1, 1983, 97 Stat. 1336, 1338; Pub. L. 101–477, §1(c),

Oct. 30, 1990, 104 Stat. 1152.)

AMENDMENTS

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

amended subpar. (A) generally. Prior to amendment,

subpar. (A) read as follows: ‘‘the Secretary shall first

allocate to each such applicant which received funds

under section 1807 of this title for the preceding fiscal

year an amount equal to 95 per centum of the product

of—

‘‘(i) the per capita payment for the preceding fiscal

year; and

‘‘(ii) such applicant’s Indian student count for the

current fiscal year;’’.

Subsec. (a)(1)(B)(ii). Pub. L. 101–477, §1(c)(2), amended

cl. (ii) generally. Prior to amendment, cl. (ii) read as

follows: ‘‘the applicant’s Indian student count for the

current fiscal year;’’.

1983—Subsec. (a). Pub. L. 98–192, §10, amended subsec.

(a) generally, substituting provision establishing a formula to be used to determine funding between existing

and newly eligible schools when funds appropriated are

not sufficient to pay in full the total amount which approved applicants are eligible to receive under section

1807 of this title for provision that if funds were insufficient to pay in full the total amounts which approved

grant applicants were eligible to receive, the available

funds would be ratably decreased and if funds later became available or there were excess funds, such funds

would be ratably increased.

Subsecs. (b), (c). Pub. L. 98–192, §10, added subsec. (b)

and redesignated former subsec. (b) as (c).

Pub. L. 98–192, §4(b)(3), made a technical amendment

to reference to section 1807 of this title to reflect renumbering of that section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1808 of this title.

§ 1812. Report on facilities

(a) Study on condition of currently existing facilities; submission of report; contents

The Secretary shall provide for the conduct of

a study of facilities available for use by tribally

controlled community colleges. Such study shall

consider the condition of currently existing Bureau of Indian Affairs facilities which are vacant

or underutilized and shall consider available alternatives for renovation, alteration, repair, and

reconstruction of such facilities (including renovation, alteration, repair, and reconstruction

necessary to bring such facilities into compliance with local building codes). Such study shall

also identify the need for new construction. A

report on the results of such study shall be submitted to the Congress not later than eighteen

months after September 30, 1986. Such report

shall also include an identification of property—

(1) on which structurally sound buildings

suitable for use as educational facilities are

located, and

(2) which is available for use by tribally controlled community colleges under section

483(a)(2) of title 40 and section 443a of this

title.

(b) Renovation program

The Secretary, in consultation with the Bureau of Indian Affairs, shall initiate a program

to conduct necessary renovations, alterations,

repairs, and reconstruction identified pursuant

to subsection (a) of this section.

(c) Determination and prioritization of construction and renovation needs

(1) The Secretary shall enter into a contract

with an organization described in paragraph (2)

to establish and provide on an annual basis criteria for the determination and prioritization in

a consistent and equitable manner of the facilities construction and renovation needs of colleges that receive funding under this chapter or

the Navajo Community College Act [25 U.S.C.

640a et seq.].

(2) An organization described in this section is

any organization that—

(A) is eligible to receive a contract under the

Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.]; and

(B) has demonstrated expertise in areas and

issues dealing with tribally controlled community colleges.

(3) The Secretary shall include the priority

list established pursuant to this subsection in

the budget submitted annually to the Congress.

(d) ‘‘Reconstruction’’ defined

For the purposes of this section, the term ‘‘reconstruction’’ has the meaning provided in the

first sentence of subparagraph (B) of section

1132e–1(2) 1 of title 20.

(Pub. L. 95–471, title I, §112, formerly §111, Oct.

17, 1978, 92 Stat. 1328; renumbered §112 and

amended Pub. L. 98–192, §§4(a)(1), 11, Dec. 1, 1983,
§ 1813 TITLE 25—INDIANS Page 556

97 Stat. 1336, 1339; Pub. L. 99–428, §6(a), Sept. 30,

1986, 100 Stat. 983; Pub. L. 101–392, title III, §313,

Sept. 25, 1990, 104 Stat. 805.)

REFERENCES IN TEXT

The Navajo Community College Act, referred to in

subsec. (c)(1), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646,

as amended, which is classified to section 640a et seq.

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section

640a of this title and Tables.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(2)(A), 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.

Section 1132e–1 of title 20, referred to in subsec. (d),

was omitted in the general revision of subchapter VII

(§1132a et seq.) of chapter 28 of Title 20, Education, by

Pub. L. 99–498, title VII, §701, Oct. 17, 1986, 100 Stat.

1520. See section 1132i–1 of Title 20.

AMENDMENTS

1990—Subsecs. (c), (d). Pub. L. 101–392 added subsec.

(c) and redesignated former subsec. (c) as (d).

1986—Subsec. (a). Pub. L. 99–428, §6(a), substituted

‘‘Secretary’’ for ‘‘Administrator of General Services’’

and ‘‘September 30, 1986’’ for ‘‘December 1, 1983’’.

Subsec. (b). Pub. L. 99–428, §6(a)(1), substituted ‘‘Secretary’’ for ‘‘Administrator of General Services’’.

1983—Pub. L. 98–192 amended section generally, substituting provision requiring a study on the condition

of currently existing facilities, submission of a report

on the study, contents of the report, establishment of

a renovation program, and defining term ‘‘reconstruction’’ for provision which required the Secretary of the

Interior, not later than ninety days after Oct. 17, 1978,

to prepare and submit a report to the Congress containing a survey of existing and planned physical facilities

of tribally controlled community colleges.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–392 effective July 1, 1991,

see section 702(a) of Pub. L. 101–392, set out as a note

under section 2301 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1810, 1813 of this

title.

§ 1813. Construction of new facilities

(a) Grants

With respect to any tribally controlled community college for which the report of the Secretary under section 1812(a) of this title identifies a need for new construction, the Secretary

shall, subject to appropriations and on the basis

of an application submitted in accordance with

such requirements as the Secretary may prescribe by regulation, provide grants for such

construction in accordance with this section.

(b) Eligibility requirements

In order to be eligible for a grant under this

section, a tribally controlled community college—

(1) must be a current recipient of grants

under section 1805 or 1807 of this title, and

(2) must be accredited by a nationally recognized accrediting agency listed by the Secretary of Education pursuant to the last sentence of section 1141(a) of title 20, except that

such requirement may be waived if the Secretary determines that there is a reasonable

expectation that such college will be fully accredited within eighteen months. In any case

where such a waiver is granted, grants under

this section shall be available only for planning and development of proposals for construction.

(c) Maximum amount of grant; waiver of restriction

(1) Except as provided in paragraph (2), grants

for construction under this section shall not exceed 80 per centum of the cost of such construction, except that no tribally controlled community college shall be required to expend more

than $400,000 in fulfillment of the remaining 20

per centum. For the purpose of providing its required portion of the cost of such construction,

a tribally controlled community college may

use funds provided under section 13 of this title.

(2) The Secretary may waive, in whole or in

part, the requirements of paragraph (1) in the

case of any tribally controlled community college which demonstrates that neither such college nor the tribal government with which it is

affiliated have sufficient resources to comply

with such requirements. The Secretary shall

base a decision on whether to grant such a waiver solely on the basis of the following factors:

(A) tribal population; (B) potential student population; (C) the rate of unemployment among

tribal members; (D) tribal financial resources;

and (E) other factors alleged by the college to

have a bearing on the availability of resources

for compliance with the requirements of paragraph (1) and which may include the educational

attainment of tribal members.

(d) Failure to use facility in approved manner;

title to vest in United States; settlement

If, within twenty years after completion of

construction of a facility which has been constructed in whole or in part with a grant made

available under this section—

(1) the facility ceases to be used by the applicant in a public or nonprofit capacity as an

academic facility, unless the Secretary determines that there is good cause for releasing

the institution from this obligation, and

(2) the tribe with which the applicant is affiliated fails to use the facility for a public

purpose approved by the tribal government in

furtherance of the general welfare of the community served by the tribal government,

title to the facility shall vest in the United

States and the applicant (or such tribe if such

tribe is the successor in title to the facility)

shall be entitled to recover from the United

States an amount which bears the same ratio to

the present value of the facility as the amount

of the applicant’s contribution (excluding any

funds provided under section 13 of this title)

bore to the original cost of the facility. Such

value shall be determined by agreement of the

parties or by action brought in the United

States district court for the district in which

such facility is located.

(e) Religious use

No construction assisted with funds under this

section shall be used for religious worship or a

sectarian activity or for a school or department

of divinity.