Page 557 TITLE 25—INDIANS § 1832

1See References in Text note below.

(f) ‘‘Construction’’ and ‘‘academic facilities’’ defined

For the purposes of this section—

(1) the term ‘‘construction’’ includes reconstruction or renovation (as such terms are defined in the first sentence of subparagraph (B)

of section 1132e–1(2) 1 of title 20); and

(2) the term ‘‘academic facilities’’ has the

meaning provided such term under section

1132e–1(1) 1 of title 20.

(Pub. L. 95–471, title I, §113, formerly §112, Oct.

17, 1978, 92 Stat. 1329; renumbered §113 and

amended Pub. L. 98–192, §§4(a)(1), 12, Dec. 1, 1983,

97 Stat. 1336, 1340; Pub. L. 99–428, §6(b), Sept. 30,

1986, 100 Stat. 983.)

REFERENCES IN TEXT

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

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

1986—Subsec. (a). Pub. L. 99–428 substituted ‘‘Secretary under’’ for ‘‘Administrator of General Services

under’’.

1983—Pub. L. 98–192 amended section generally, substituting provision authorizing grants for construction

of new facilities, establishing eligibility requirements

for grants, maximum amounts of grants, waiver of

amount restriction, results of failure to use facilities in

an approved manner, and prohibition of religious use of

such facilities, and defining ‘‘construction’’ and ‘‘academic facilities’’ for provision requiring Secretary of

the Interior to conduct a detailed survey and study of

academic facilities needs of tribally controlled community colleges and report to Congress not later than

Nov. 1, 1979, the results of such survey and study.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1810 of this title.

§ 1814. Miscellaneous provisions

(a) Eligibility of Navajo Tribe

The Navajo Tribe shall not be eligible to participate under the provisions of this subchapter.

(b) Discriminatory practices prohibited

(1) The Secretary shall not provide any funds

to any institution which denies admission to

any Indian student because such individual is

not a member of a specific Indian tribe, or which

denies admission to any Indian student because

such individual is a member of a specific tribe.

(2) The Secretary shall take steps to recover

any unexpended and unobligated funds provided

under this subchapter held by an institution determined to be in violation of paragraph (1).

(Pub. L. 95–471, title I, §114, formerly §113, Oct.

17, 1978, 92 Stat. 1329; renumbered §114, Pub. L.

98–192, §4(a)(1), Dec. 1, 1983, 97 Stat. 1336.)

§ 1815. Rules and regulations

(a) Consultation with national Indian organizations

Within four months from October 17, 1978, the

Secretary shall, to the extent practicable, consult with national Indian organizations to consider and formulate appropriate rules and regulations for the conduct of the grant program established by this subchapter.

(b) Publication

Within six months from October 17, 1978, the

Secretary shall publish proposed rules and regulations in the Federal Register for the purpose

of receiving comments from interested parties.

(c) Promulgation

Within ten months from October 17, 1978, the

Secretary shall promulgate rules and regulations for the conduct of the grant program established by this subchapter.

(d) Source of appropriations

Funds to carry out the purposes of this section

may be drawn from general administrative appropriations to the Secretary made after October 17, 1978.

(Pub. L. 95–471, title I, §115, formerly §114, Oct.

17, 1978, 92 Stat. 1329; renumbered §115, Pub. L.

98–192, §4(a)(1), Dec. 1, 1983, 97 Stat. 1336.)

PROMULGATION OF REGULATIONS; CONSULTATION

Section 15 of Pub. L. 98–192 provided that: ‘‘In promulgating any regulations to implement the amendments made by this Act [enacting sections 1804a and

1831 to 1836 of this title and amending sections 640c–1,

1801 to 1803, and 1805 to 1813 of this title], the Secretary

of the Interior shall consult with tribally controlled

community colleges.’’

SUBCHAPTER II—TRIBALLY CONTROLLED

COMMUNITY COLLEGE ENDOWMENT PROGRAM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1851 of this

title.

§ 1831. Purpose

It is the purpose of this subchapter to provide

grants for the encouragement of endowment

funds for the operation and improvement of tribally controlled community colleges.

(Pub. L. 95–471, title III, §301, as added Pub. L.

98–192, §13, Dec. 1, 1983, 97 Stat. 1341.)

§ 1832. Establishment of program; program

agreements

(a) From the amount appropriated pursuant to

section 1836 of this title, the Secretary shall establish a program of making endowment grants

to tribally controlled community colleges which

are current recipients of assistance under section 1807 of this title or under section 640b of

this title. No such college shall be ineligible for

such a grant for a fiscal year by reason of the receipt of such a grant for a preceding fiscal year,

but no such college shall be eligible for such a

grant for a fiscal year if such college has been

awarded a grant under section 1065 of title 20 for

such fiscal year.

(b) No grant for the establishment of an endowment fund by a tribally controlled community college shall be made unless such college

enters into an agreement with the Secretary

which—

(1) provides for the investment and maintenance of a trust fund, the corpus and earnings