§ 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.
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