Page 241 TITLE 25—INDIANS § 640c–2

for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(2) Sums appropriated pursuant to this subsection for construction shall, unless otherwise

provided in appropriations Acts, remain available until expended.

(b) Navajo Community College grants

(1) There are authorized to be appropriated for

grants to the Navajo Community College, for

each fiscal year, an amount necessary to pay expenses incurred for—

(A) the maintenance and operation of the

college, including—

(i) basic, special, developmental, vocational, technical, and special handicapped

education costs,

(ii) annual capital expenditures, including

equipment needs, minor capital improvements and remodeling projects, physical

plant maintenance and operation costs, and

exceptions and supplemental need account,

and

(iii) summer and special interest programs,

(B) major capital improvements, including

internal capital outlay funds and capital improvement projects,

(C) mandatory payments, including payments due on bonds, loans, notes, or lease purchases, and

(D) supplemental student services, including

student housing, food service, and the provision of access to books and services.

(2) The Secretary shall make payments, pursuant to grants under this subsection, 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.

(c) Funding requirements

The Secretary of the Interior is authorized and

directed to establish by rule procedures to insure that all funds appropriated under sections

640a to 640c–3 of this title are properly identified

for grants to the Navajo Community College and

that such funds are not commingled with appropriations historically expended by the Bureau of

Indian Affairs for programs and projects normally provided on the Navajo Reservation for

Navajo beneficiaries.

(Pub. L. 92–189, §5, as added Pub. L. 95–471, title

II, §203(a), Oct. 17, 1978, 92 Stat. 1330; amended

Pub. L. 96–374, title XIII, §1351(a), (b), Oct. 3,

1980, 94 Stat. 1501; Pub. L. 98–192, §14, Dec. 1,

1983, 97 Stat. 1343; Pub. L. 99–428, §7, Sept. 30,

1986, 100 Stat. 983; Pub. L. 100–297, title V, §5401,

Apr. 28, 1988, 102 Stat. 414; Pub. L. 101–477, §2(a),

Oct. 30, 1990, 104 Stat. 1153; Pub. L. 102–325, title

XIII, §1301(d), July 23, 1992, 106 Stat. 797.)

CODIFICATION

Section was not enacted as part of act Apr. 19, 1950,

ch. 92, 64 Stat. 44, which comprises this subchapter.

AMENDMENTS

1992—Subsec. (a)(1). Pub. L. 102–325 amended par. (1)

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

‘‘For the purpose of making construction grants under

sections 640a to 640c–3 of this title, there are hereby authorized to be appropriated such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992.’’

1990—Subsec. (a)(1). Pub. L. 101–477 substituted ‘‘1990,

1991, and 1992’’ for ‘‘1987, 1988, 1989, and 1990’’.

1988—Subsec. (b)(1). Pub. L. 100–297 amended par. (1)

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

‘‘There is further authorized to be appropriated for

grants to the Navajo Community College, for each fiscal year beginning on or after October 1, 1979, an

amount equal to the amount necessary for operation

and maintenance of the college, including, but not limited to, administrative, academic, and operations and

maintenance costs.’’

1986—Subsec. (a)(1). Pub. L. 99–428, §7(1), substituted

‘‘each of the fiscal years 1987, 1988, 1989, and 1990’’ for

‘‘the fiscal year beginning October 1, 1984, and for the

three succeeding fiscal years’’.

Subsec. (b)(1). Pub. L. 99–428, §7(2), substituted ‘‘for

each fiscal year’’ for ‘‘for any fiscal year’’.

1983—Subsec. (a)(1). Pub. L. 98–192 substituted ‘‘October 1, 1984’’ for ‘‘October 1, 1979’’.

1980—Subsec. (a)(1). Pub. L. 96–374, §1351(a), substituted ‘‘three succeeding fiscal years’’ for ‘‘two succeeding fiscal years’’.

Subsec. (b)(1). Pub. L. 96–374, §1351(b), added par. (1).

Former par. (1), which authorized an appropriation for

the Navajo Community College of $4,000 for each fulltime equivalent student which the Secretary estimated

would be in attendance during the year, was struck out.

Subsec. (b)(2), (3). Pub. L. 96–374, §1351(b), redesignated par. (3) as (2). Former par. (2), which placed an

upper limit on grants under this subsection, was struck

out.

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 Title 20, Education.

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.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–374 effective Oct. 1, 1980,

see section 1393(a) of Pub. L. 96–374, set out as a note

under section 1001 of Title 20, Education.

FISCAL YEAR BEGINNING OCTOBER 1, 1978

Section 203(b) of Pub. L. 95–471 provided that nothing

in title II of Pub. L. 95–471, the Navajo Community College Assistance Act of 1978, shall be deemed to authorize appropriations for the fiscal year beginning Oct. 1,

1978.

DEFINITIONS

The definitions in section 1801 of this title apply to

this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13d–2, 640a,

640c–2, 640c–3, 1812, 1851 of this title; title 20 sections

1085, 2471, 3489.

§ 640c–2. Effect on other laws

(a) Except as specifically provided by law, eligibility for assistance under sections 640a to

640c–3 of this title shall not, by itself, preclude

the eligibility of the Navajo Community College

to receive Federal financial assistance under
§ 640c–3 TITLE 25—INDIANS Page 242

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) Notwithstanding any other provision of

law, funds provided under sections 640a to 640c–3

of this title to the Navajo 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. 92–189, §6, as added Pub. L. 96–374, title

XIII, §1351(c), Oct. 3, 1980, 94 Stat. 1501; amended

Pub. L. 100–297, title V, §5403(b), Apr. 28, 1988, 102

Stat. 416.)

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (a), 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. For complete classification of this Act to the Code, see Short Title note

set out under section 1001 of Title 20 and Tables.

CODIFICATION

Section was not enacted as part of act Apr. 19, 1950,

ch. 92, 64 Stat. 44, which comprises this subchapter.

AMENDMENTS

1988—Pub. L. 100–297 designated existing provisions as

subsec. (a) and added subsec. (b).

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.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 1393(a) of

Pub. L. 96–374, set out as an Effective Date of 1980

Amendment note under section 1001 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13d–2, 640a,

640c–1, 640c–3, 1812, 1851 of this title; title 20 sections

1085, 2471, 3489.

§ 640c–3. Payments; interest

(a) Notwithstanding any other provision of

law, the Secretary of the Interior shall not, in

disbursing funds provided under sections 640a to

640c–3 of this title, use any method of payment

which was not used during fiscal year 1987 in the

disbursement of funds provided under sections

640a to 640c–3 of this title.

(b)(1)(A) Notwithstanding any provision of law

other than subparagraph (B), any interest or investment income that accrues on any funds provided under sections 640a to 640c–3 of this title

after such funds are paid to the Navajo Community College and before such funds are expended

for the purpose for which such funds were provided under sections 640a to 640c–3 of this title

shall be the property of the Navajo 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 Navajo

Community College under any provision of Federal law.

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

the Navajo Community College by no later than

the close of the fiscal year succeeding the fiscal

year in which such interest or investment income accrues.

(2) Funds provided under sections 640a to

640c–3 of this title may only be invested by the

Navajo Community College in obligations of the

United States or in obligations or securities

that are guaranteed or insured by the United

States.

(Pub. L. 92–189, §7, as added Pub. L. 100–297, title

V, §5402(b), Apr. 28, 1988, 102 Stat. 415.)

CODIFICATION

Section was not enacted as part of act Apr. 19, 1950,

ch. 92, 64 Stat. 44, which comprises this subchapter.

EFFECTIVE DATE

For effective date and applicability of section, see

section 6303 of Pub. L. 100–297, set out as a note under

section 1201 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13d–2, 640a,

640c–1, 640c–2, 1812, 1851 of this title; title 20 sections

1085, 2471, 3489.

SUBCHAPTER XXII—NAVAJO AND HOPI

TRIBES: SETTLEMENT OF RIGHTS AND

INTERESTS

§ 640d. Mediator

(a) Appointment; duties; qualifications; termination of duties

Within thirty days after December 22, 1974, the

Director of the Federal Mediation and Conciliation Service shall appoint a Mediator (hereinafter referred to as the ‘‘Mediator’’) who shall

assist in the negotiations for the settlement and

partition of the relative rights and interests, as

determined by the decision in the case of Healing v. Jones (210 F. Supp. 125, D. Ariz., 1962, aff’d

363 U.S. 758, 1963) (hereinafter referred to as the

‘‘Healing case’’), of the Hopi and Navajo Tribes

(hereinafter referred to as the ‘‘tribes’’) to and

in lands within the reservation established by

the Executive order of December 16, 1882, except

land management district no. 6 (such lands hereinafter referred to as the ‘‘joint use area’’). The

Mediator shall not have any interest, direct or

indirect, in the settlement of the interests and

rights set out in this subsection. The duties of

the Mediator shall cease upon the entering of a

full agreement into the records of the supplemental proceedings pursuant to section 640d–2 of

this title or the submission of a report to the

District Court after a default in negotiations or

a partial agreement pursuant to section 640d–3

of this title.

(b) Nature of proceedings

The proceedings in which the Mediator shall

be acting under the provisions of this subchapter shall be the supplemental proceedings in

the Healing case now pending in the United

States District Court for the District of Arizona

(hereinafter referred to as ‘‘the District Court’’).

(c) Interagency committee

(1) The Mediator is authorized to request from

any department, agency, or independent instru-