Page 551 TITLE 25—INDIANS § 1807

1So in original. Probably should be ‘‘an’’. 1So in original. Probably should be ‘‘an’’.

AMENDMENTS

1983—Pub. L. 98–192, §5, inserted ‘‘from a tribally controlled community college which is receiving funds

under section 1808 of this title’’ and struck out ‘‘to tribally controlled community colleges’’ before ‘‘either directly’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1804a, 1810, 1813

of this title.

§ 1806. Eligibility studies

(a) Development of plans, procedures, and criteria

The Secretary is authorized to enter into an

agreement with the Secretary of Education to

assist the Bureau of Indian Affairs in developing

plans, procedures, and criteria for conducting

the eligibility studies required by this section.

Such agreement shall provide for continuing

technical assistance in the conduct of such studies.

(b) Initiation by Secretary; grant applications

and budgets

The Secretary, within thirty days after a request by any Indian tribe, shall initiate a 1 eligibility study to determine whether there is justification to encourage and maintain a tribally

controlled community college, and, upon a positive determination, shall aid in the preparation

of grant applications and related budgets which

will insure successful operation of such an institution. Such a positive determination shall be

effective for the fiscal year succeeding the fiscal

year in which such determination is made.

(c) Source of appropriations

Funds to carry out the purposes of this section

for any fiscal year may be drawn from either—

(1) general administrative appropriations to

the Secretary made after October 17, 1978 for

such fiscal year; or

(2) not more than 5 per centum of the funds

appropriated to carry out section 1807 of this

title for such fiscal year.

(Pub. L. 95–471, title I, §106, formerly §105, Oct.

17, 1978, 92 Stat. 1326; renumbered §106 and

amended Pub. L. 98–192, §§4(a)(1), (b)(1), 6(a),

Dec. 1, 1983, 97 Stat. 1336, 1337.)

AMENDMENTS

1983—Subsec. (a). Pub. L. 98–192, §6(a)(2), (3), substituted ‘‘eligibility’’ for ‘‘feasibility’’ and ‘‘Secretary

of Education’’ for ‘‘Assistant Secretary of Education of

the Department of Health, Education, and Welfare’’.

Subsec. (b). Pub. L. 98–192, §6(a)(2), (4), inserted provision that such positive determination be effective for

fiscal year succeeding fiscal year in which such determination is made, and substituted ‘‘eligibility’’ for

‘‘feasibility’’.

Subsec. (c)(2). Pub. L. 98–192, §§4(b)(1), 6(a)(5), substituted ‘‘5 per centum’’ for ‘‘10 per centum’’ and 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 sections 1807, 1811 of this

title.

§ 1807. Grants to tribally controlled community

colleges

(a) Submission of applications; necessity of eligibility study

Grants shall be made under this subchapter

only in response to applications by tribally controlled community colleges. Such applications

shall be submitted at such time, in such manner, and will contain or be accompanied by such

information as the Secretary may reasonably

require pursuant to regulations. Such application shall include a description of recordkeeping

procedures for the expenditure of funds received

under this chapter which will allow the Secretary to audit and monitor programs conducted

with such funds. The Secretary shall not consider any grant application unless a 1 eligibility

study has been conducted under section 1806 of

this title and it has been found that the applying community college will service a reasonable

student population.

(b) Determination of support; factors considered

The Secretary shall consult with the Secretary of Education to determine the reasonable

number of students required to support a tribally controlled community college. Consideration shall be given to such factors as tribal and

cultural differences, isolation, the presence of

alternate education sources, and proposed curriculum.

(c) Priority and number of grants

Priority in grants shall be given to institutions which are operating on October 17, 1978,

and which have a history of service to the Indian

people. In the first year for which funds are appropriated to carry out this section, the number

of grants shall be limited to not less than eight

nor more than fifteen.

(d) Consultation with national Indian organizations and tribal governments

In making grants pursuant to this section, the

Secretary shall, to the extent practicable, consult with national Indian organizations and with

tribal governments chartering the institutions

being considered.

(Pub. L. 95–471, title I, §107, formerly §106, Oct.

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

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

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

(b)(2), 6(b), Dec. 1, 1983, 97 Stat. 1336, 1337.)

AMENDMENTS

1983—Subsec. (a). Pub. L. 98–192, §6(b)(1), substituted

‘‘eligibility’’ for ‘‘feasibility’’.

Pub. L. 98–192, §4(b)(2), made a technical amendment

to reference to section 1806 of this title to reflect renumbering of that section.

Pub. L. 98–192, §3(b), inserted provision that such application include a description of the recordkeeping

procedures for expenditure of funds as will allow Secretary to audit and monitor programs conducted with

such funds.

Subsec. (b). Pub. L. 98–192, §6(b)(2), substituted ‘‘Secretary of Education’’ for ‘‘Assistant Secretary of Education of the Department of Health, Education, and

Welfare’’.

1982—Subsec. (e). Pub. L. 97–375 struck out subsec. (e)

which directed the Secretary to report to Congress on