§ 1811 TITLE 25—INDIANS Page 554

(b)(1) For the purpose of affording adequate

notice of funding available under this chapter,

amounts appropriated in an appropriation Act

for any fiscal year to carry out this chapter

shall become available for obligation on July 1

of that fiscal year and shall remain available

until September 30 of the succeeding fiscal year.

(2) In order to effect a transition to the forward funding method of timing appropriation

action described in paragraph (1), there are authorized to be appropriated, in an appropriation

Act or Acts for the same fiscal year, two separate appropriations to carry out this chapter,

the first of which shall not be subject to paragraph (1).

(Pub. L. 95–471, title I, §110, formerly §109, Oct.

17, 1978, 92 Stat. 1328; renumbered §110 and

amended Pub. L. 98–192, §§4(a)(1), 9, Dec. 1, 1983,

97 Stat. 1336, 1337; Pub. L. 99–428, §2(a), Sept. 30,

1986, 100 Stat. 982; Pub. L. 101–477, §1(b), Oct. 30,

1990, 104 Stat. 1152; Pub. L. 102–325, title XIII,

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

AMENDMENTS

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

generally, in pars. (1) to (3) substituting provisions authorizing appropriations for fiscal years 1993 to 1997 for

provisions authorizing appropriations for fiscal years

1990 to 1992 and adding par. (4).

1990—Subsec. (a)(1). Pub. L. 101–477, §1(b)(1), substituted ‘‘1990 and 1991, and for fiscal year 1992, such

sums as may be necessary’’ for ‘‘1987, 1988, 1989, and

1990’’.

Subsec. (a)(2). Pub. L. 101–477, §1(b)(2), substituted

‘‘1990 and 1991, and for fiscal year 1992, such sums as

may be necessary’’ for ‘‘1987, 1988, 1989, and 1990’’.

Subsec. (a)(3). Pub. L. 101–477, §1(b)(3), substituted

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

1986—Subsec. (a)(1). Pub. L. 99–428, §2(a)(1), substituted ‘‘1987, 1988, 1989, and 1990’’ for ‘‘1985, 1986, and

1987’’.

Subsec. (a)(2), (3). Pub. L. 99–428, §2(a)(2), substituted

‘‘the fiscal years 1987, 1988, 1989, and 1990’’ for ‘‘such fiscal years’’.

1983—Subsec. (a). Pub. L. 98–192, §9, amended subsec.

(a) generally, substituting provision authorizing appropriations for fiscal years 1985, 1986, and 1987 of $3,200,000

for carrying out section 1805 of this title, $30,000,000 for

carrying out section 1807 of this title, and appropriations as necessary for carrying out sections 1812(b) and

1813 of this title for provision authorizing appropriations for carrying out section 1807 of this title of

$25,000,000 for each of the fiscal years beginning Oct. 1,

1979 and Oct. 1, 1980, and $30,000,000 for the fiscal year

beginning Oct. 1, 1981, and $3,200,000 for each of such fiscal years for the provision of technical assistance pursuant to section 1805 of this title.

Subsec. (b). Pub. L. 98–192, §9, amended subsec. (b)

generally, substituting provision relating to affording

adequate notice of funding available under this chapter

and directing two separate appropriations in order to

effect a transition to the forward funding method of

timing appropriation action for provision directing

that, unless otherwise provided, funds appropriated

under this section remain available until expended.

Subsec. (c). Pub. L. 98–192, §9, struck out subsec. (c)

which provided that nothing in this chapter be deemed

to authorize appropriations for fiscal year beginning

Oct. 1, 1978.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1811 of this title.

§ 1811. Grant adjustments

(a) Formula for allocation

(1) If the sums appropriated for any fiscal year

pursuant to section 1810(a)(2) of this title for

grants under section 1807 of this title are not

sufficient to pay in full the total amount which

approved applicants are eligible to receive under

such section for such fiscal year—

(A) 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 percent of the payment received by such applicant under section

1808 of this title;

(B) the Secretary shall next allocate to applicants who did not receive funds under such

section for the preceding fiscal year an

amount equal to 100 per centum of the product

of—

(i) the per capita payment for the preceding fiscal year; and

(ii) the applicant’s projected Indian student count for the academic year for which

payment is being made;

in the order in which such applicants have

qualified for assistance in accordance with

such section so that no amount shall be allocated to a later qualified applicant until each

earlier qualified applicant is allocated an

amount equal to such product; and

(C) if additional funds remain after making

the allocations required by subparagraphs (A)

and (B), the Secretary shall allocate such

funds by—

(i) ratably increasing the amounts of the

grants determined under subparagraph (A)

until such grants are equal to 100 per centum

of the product described in such subparagraph; and

(ii) then ratably increasing the amounts of

both (I) the grants determined under subparagraph (A), as increased under clause (i)

of this subparagraph, and (II) the grants determined under subparagraph (B).

(2) For purposes of paragraph (1) of this subsection, the term ‘‘per capita payment’’ for any

fiscal year shall be determined by dividing the

amount available for grants to tribally controlled community colleges under section 1807 of

this title for such fiscal year by the sum of the

Indian student counts of such colleges for such

fiscal year. The Secretary shall, on the basis of

the most satisfactory data available, compute

the Indian student count for any fiscal year for

which such count was not used for the purpose

of making allocations under this subchapter.

(b) Ratable reduction or increase in funds available for existing schools; excess funds; definition

(1) If the sums appropriated for any fiscal year

for grants under section 1807 of this title are not

sufficient to pay in full the total amount of the

grants determined pursuant to subsection

(a)(1)(A) of this section, the amount which applicants described in such subsection are eligible to

receive under section 1807 of this title for such

fiscal year shall be ratably reduced.

(2) If any additional funds become available

for making payments under section 1807 of this
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,