An Act to provide for grants to tribally controlled community colleges, and for other purposes.
PL 95-471 (S.1215), enacted 10/17/1978

PUBLIC LAW 95-471—OCT. 17, 1978 
92 STAT. 1325 
Public Law 95-471 
95th Congress 
An Act 
To provide for grants to tribally controlled community colleges, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled, That this Act may 
be cited as the "Tribally Controlled Community College Assistance 
Act of 1978". 
DEFINITIONS 
Oct. 17, 1978 
[S. 1215] 
Tribally 
Controlled 
Community 
College 
Assistance Act of 
1978. 
25 use 1801 
note. 
25 use 1801. 
(1) "Indian" means a person who is a member of an Indian 
tribe and is eligible to receive services from the Secretary of the 
Interior; 
(2) "Indian tribe" means any Indian tribe, band, nation, or 
other organized group or community, including any Alaskan 
Native village or regional or village corporation as defined in or 
established pursuant to the Alaskan Native Claims Settlement 
Act, which is recognized as eligible for the special programs and 
services provided by the United States to Indians because of their 
status as Indians; 
(3) "Secretary", unless otherwise designated, means the Secre-
tary of the Interior; 
(4) "tribally controlled community college" means an institu-
tion of higher education which is formally controlled, or has been 
formally sanctioned, or chartered, by the governing body of an 
Indian tribe or tribes, except that no more than one such insti-
tution shall be recognized with respect to any such tribe; 
(5) "institution of higher education" means an institution of 
higher education as defined by section 1201 (a) of the Higher Edu-
cation Act of 1965, except that clause (2) of such section shall not 20 USC 1141 
be applicable ; 
(6) "national Indian organization" means an organization 
which the Secretary finds is nationally based, represents a sub-
stantial Indian constituency, and has expertise in the field of 
Indian education; and 
(7) "full-time equivalent Indian student" means the number 
of Indians enrolled full-time, and the full-time equivalent of the 
number of Indians enrolled part-time (determined on the basis 
of the quotient of the sum of the credit hours of all part-time 
students divided by twelve) in each tribally controlled commu-
nity college, calculated on the basis of registrations as in effect 
at the conclusion of the sixth week of an academic term. 
TITLE I—TRIBALLY CONTROLLED COMMUNITY 
COLLEGES 
PURPOSE 
SEC. 101. It is the purpose of this title to provide grants for the 25 USC 1802. 
operation and improvement of tribally controlled community colleges 
to insure continued and expanded educational opportunities for Indian 
students. 
92 STAT. 1326 
PUBLIC LAW 95-471—OCT. 17, 1978 
OKANTKS AUTUOIUZP:D 
25 use 1803. 
SEC. 102. (a) The Secretaiy is authoiized to make grants pursuant 
to this title to tribally controlled community colleges to aid in the post-
secondary education of Indian students. 
(b) Grants made pursuant to this title shall go into the general 
operating funds of the institution to defray the expense of activities 
related to education programs for Indian students. Funds provided 
pursuant to this title shall not be used in connection with religious 
worship or sectarian instruction. 
25 use 1804. 
.tea 
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ELIGIBLE ORANT RECIPIENTS 
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SEC. 103. To be eligible for assistance under this title, a tribally con-
trolled community college must be one which— 
(1) is govei-ned by a board of directors or board of trustees a 
majority of which are Indians; 
(2) demonstrates adherence to stated goals, a philosophy, or a 
plan of operation which is directed to meet the needs of Indians; 
and 
(3) if in operation for more than one year, has students a 
majority of whom are Indians. 
TECHNICAL ASSISTANCE CONTRACTS 
25 use 1805. 
SEC. 104. The Secretary shall provide, upon request, technical assist-
ance to tribally controlled community colleges either directly or 
through contract. In the awarding of contracts for technical assistance, 
preference shall be given to an organization designated by the tribally 
controlled community college to be assisted. No authority to enter into 
contracts provided by this section shall be effective except to the extent 
authorized in advance by appropriations Acts. 
,. ... 
FEASIBILITY STUDIES 
Agreement. 
SEC. 105. (a) The Secr-etary is authorized to enter into an agreement 
25 use 1806. 
with the Assistant Secretary of Education of the Department of 
Health, Education, and Welfare to assist the Bureau of Indian Affairs 
in developing plans, procedures, and criteria for conducting the feasi-
bility studies required by this section. Such agreement shall provide 
for continuing technical assistance in the conduct of such studies. 
Feasibility 
(b) The Secretary, within thirty days after a request by any Indian 
study, 
tribe, shall initiate a feasibility study to determine whether there is 
justification to encourage and maintain a tribally controlled commu-
nity college, and, upon a positive determination, shall aid in the prepa-
ration of grant applications and related budgets which will insure 
successful operation of such an institution. 
(c) 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 the date of enactment of this Act for such fiscal year; 
or 
(2) not more than 10 per centum of the funds appropriated to 
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carry out section 106 for such fiscal year. 
PUBLIC LAW 95-471—OCT. 17, 1978 
92 STAT. 1327 
GRANTS TO TRIBAI.LY CONTROLLED COMMUNITY COLLEGES 
SEC. 106. (a) Grants shall be made under this title only in response 25 USC 1807. 
to applications by tribally controlled community colleges. Such appli-
cations shall be submitted at such time, in such manner, and will 
contain or be accompanied by such information as the Secretary may 
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reasonably require pursuant to regulations. The Secretary shall not 
consider any grant application unless a feasibility study has been con-
ducted under section 105 and it has been found that the applying 
community college will service a reasonable student population. 
(b) The Secretary shall consult with the Assistant Secretary of 
Education of the Department of Health, Education, and Welfare 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 pres-
ence of alternate education sources, and proposed curriculum. 
(c) Priority in grants shall be given to institutions which are oper-
ating on the date of enactment of this Act 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) 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. 
(e) The Secretary shall report to Congress on January 15 of each Report to 
year the current status of tribally controlled community colleges and Congress, 
his recommendations for needed action. 
AMOUNT OF GRANTS 
SEC. 107. (a) Except as provided in section 110, the Secretary shall, 25 USC 1808. 
for each academic year, grant to each tribally controlled community 
college having an application approved by him, an amount equal to 
$4,000 for each full-time equivalent Indian student in attendance 
at such college during such academic year, as determined by the Secre-
tary in accordance with such regulations as he may prescribe, except 
that no grant shall exceed the total annual cost of the education pro-
gram provided by such college. 
(b) The Secretary shall make payments, pursuant to grants under 
this title, 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 deter-
mined by the Secretary. Adjustments for overpayments and under-
paynients shall be applied to the remainder of such funds and such 
remainder shall be delivered no later than July 1 of each year. 
(c) (1) Each institution receiving payments under this title shall 
annually provide to the Secretary an accurate and detailed accounting 
of its operating and maintenance expenses and such other information 
concerning costs as the Secretary may request. 
(2) The Secretary shall, in consultation with the National Center for 
Education Statistics, establish a data collection system for the purpose 
of obtaining accurate information with respect to the needs and costs 
of operation and maintenance of tribally controlled community col-
leges. The Secretary shall report annually to the Congress on such 
Report to 
needs. 
Congress. 
92 STAT. 1328 
PUBLIC LAW 95-471—OCT. 17, 1978 
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i EFFECT ON OTHER PROGRAMS 
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25 use 1809. 
SEC. 108. Except as specifically provided in this title, eligibility for 
assistance under this title shall not, by itself, preclude the eligibility of 
any tribally controlled college to receive Federal financial assistance 
20 use 1001 
under any program authorized under- the Higher Pxlucation Act of 
note. 
1965 or any other applicable program for the benefit of institutions of 
higher education, community colleges, or postsecondary educational 
institutions. 
APPROPRIATIONS AUTHORIZED 
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25 use 1810. 
SEC. 109. (a) (1) There are authorized to be appropriated, for carry-
ing out section 106, $25,000,000 for each of the fiscal years beginning 
October 1,1979, and October 1,1980, and $30,000,000 for the fiscal year 
beginning October 1, 1981. 
(2) There are authorized to be appropriated $3,200,000 for each of 
such three fiscal years, for the provision of technical assistance pur-
suant to section 104. 
(b) Unless otherwise provided in appropriations Acts, frmds appro-
priated pursuant to this section shall remain available until expended. 
(c) Nothing in this title shall be deemed to authordze appropriations 
for the fiscal year beginning October-1,1978. 
GRANT ADJUSTMENTS 
25 use 1811. 
SEC. 110. (a) If the sums appropriated for any fiscal year for grants 
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under this title are not sufficient to pay in full the total amouirts which 
approved grant applicants are eligible to receive under this title for 
that fiscal year, the amounts which such applicarrts are eligible to 
receive under this title for such fiscal year shall be ratably reduced. In 
case additional funds become available for making such payments for 
« i i i .'! the same fiscal year, such reduced amounts shall be increased on the 
same basis as they were reduced. Sums appropriated in excess of the 
amount necessary to pay in full such total eligible amounts shall be 
allocated by ratably increasing such total eligible amounts. 
(b) In any fiscal year in which the amounts for which grant recipi-
ents are eligible to receive have been r-educed irnder 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 uirder 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 b^ any grant recip-
ient 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 
106(a) of this title. 
r?EP()RT ON CURRENT FACILITIES 
Report to 
SEC 111. The Secretary shall, not later than ninety days after the 
eongress. 
date of enactment of this Act, prepare and submit a report to the 
25 use 1812. 
Congress containing a survey of existing and planned physical facil-
ities of tribally controlled community colleges, including in his report 
a survey of Bureau of Indian Affairs existing and planned facilities 
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which may be used for tribally controlled community colleges without 
disruption of current Bureau programs. 
PUBLIC LAW 95-471—OCT. 17, 1978 
92 STAT. 1329 
HTUDY o r rAClLITlES NEEDS 
SEC. 112. The Secretary shall conduct a detailed survey and study of 25 USC 1813. 
the academic facilities needs of tribally controlled community colleges 
and shall report to the Congress not later than November 1, 1979, the 
results of such survey and study. Such report shall include any recom-
mendations or views submitted by the governing body of any such 
cx)llege and by the goveniing body of the tribe, and shall include 
detailed recommendations by the Secretaiy as to the number, type, and 
cost of academic facilities wliich are requii-ed, ranking each such 
rexjuired facility by relative need. 
M:I8CELU\NEOUS PKOVISIOXS 
SEC. 113. (a) The Navajo Tribe shall not be eligible to participate 25 USC 1814. 
under the provisions of this title. 
(b) (1) The Secretary shall not provide any funds to any institu-
tion which denies admission to any Indian student because such indi-
vidual 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 title held by an institution 
determined to be in violation of paragraph (1). 
RUIZES AND REGULATIONS 
SEC. 114. (a) Within four months from the date of enactment of 25 USC 1815. 
this Act, 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 title. 
(b) Within six months from the date of enactment of this Act, Publication in 
the Secretary shall publish proposed rules and regulations in the Federal Register. 
Federal Register for the pui-pose of receiving comments from inter-
ested parties. 
(c) Within ten months from the date of enactment of this Act, 
the Secretary shall promulgate rules and regulations for the conduct 
of the grant program established by this title. 
(d) Funds to carry out the purposes of this section may be drawn 
from general administrative appropriations to the Secretary made 
after the date of enactment of this Act. 
TITLE II—NAVAJO COMMUNITY COLLEGE 
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SHORTTiaLE 
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Navajo 
Community 
College 
Assistance 
Act of 1978. 
SEC. 201. This title may be cited as the "Navajo Community College t^^KZAVr^ 
ssistance Act of 1978'( 
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25 USC 640a 
note. 
CONGRESSIONAL 
FINDINGS 
SEC. 202. The Congress after careful study and deliberation, finds 25 USC 640a 
that— 
note. 
(1) the Navajo Tribe constitutes the largest American Indian 
tribe in the United States: 
92 STAT. 1330 
PUBLIC LAW 95-471—OCT. 17, 1978 
(2) the Navajo Tribe has, through its duly constituted tribal 
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council and representatives, established a community college 
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within the boundaries of the reservation; 
(3) the population of the Xavajo Tribe and the best area of 
the Navajo reservation requires that the Navajo Community 
College expand to better serve the needs of such population: and 
(4) the Congress has already recognized the need for this 
institution by the passage of the Navajo Community College Act. 
A M E X D M E X T 
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SEC. 203. (a) The Navajo Community College Act (25 U.S.C. 640c) 
is amended by striking out section 4 and inserting in lieu thereof the 
following: 
''STUDY OF FACILITIES NEEDS 
Report to 
"SEC. 4. (a) The Secretary shall conduct a detailed survey and study 
Congress. 
of ^j^g academic facilities needs of the Navajo Community College, and 
25 use 640c. 
shall report to the Congress not later than August 1. 1979, the results 
of such survey and study. Such report shall include any recommenda-
tions or views submitted by the governing body of such College and 
by the governing body of the Navajo tribe, and shall include detailed 
recommendations by the Secretary as to the number, type, and cost of 
academic facilities which are required, ranking each such required 
facility by relative need. 
"(b) Funds to carry out the purposes of this section may be drawn 
from general administrative appropriations to the Secretary made 
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' i-'i after the date of enactment of the Tribally Controlled Community 
College Assistance Act of 1978. 
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"AUTHORIZATION OF APPROPRIATIONS 
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25 use 640c-l. 
"SEC. 5. (a)(1) For the purpose of making construction grants under 
this Act, there are hereby authorized to be appropriated such sums as 
may be necessary for the fiscal 3'ear beginning October 1, 1979. and 
for the two succeeding fiscal years. 
"(2) Sums appropriated pursuant to this subsection for construc-
tion shall, unless otherwise provided in appropriations Acts, remain 
available until expended. 
"(b) (1) There is further authorized to be appropriated for grants 
to the Navajo Community College, for any fiscal year beginning on or 
after October 1, 1979, for operation and maintenance of the college, 
an amount equal to $4,000 for each full-time equivalent Indian student 
(determined in accordance with section 2(7) of the Tribally Controlled 
Community College Assistance Act of 1978) which the Secretary of 
the Interior estimates will be in attendance at such college during 
such year. 
" (2) No grant under this subsection shall exceed— 
"(A) $4,000 for each such full-time equivalent Indian student 
in actual attendance at such college; or 
"CB) the total annual cost of the education program provided 
by such college, 
" ' ' ~ whichever is less. 
"(3) 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 fac-
PUBLIC LAW 95-471—OCT. 17, 1978 
92 STAT. 1331 
tors 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) The Secretary of the Interior is authorized and directed to 
establish by rule procedures to insure that all funds appropriated under 
" 
this Act 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.". 
(b) Nothing in this title or in the amendment made by this title 25 USC 640c-l 
shall be deemed to authorize appropriations for the fiscal year begin- note, 
ning October 1,1978. 
Approved October 17, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1558 accompanying H.R. 9158 (Comm. on Education and 
Labor). 
SENATE REPORT No. 95-582 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
VoL 123 (1977): Nov. 4, considered and passed Senate. 
Vol 124 (1978): Sept. 26, H.R. 9158 considered and passed House; passage 
vacated and S. 1215, amended, passed in lieu. 
Oct. 3, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
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Vol. 14, No. 42 (1978): Oct. 17, Presidential statement.