A bill to amend and extend the Tribally Controlled Community College Assistance Act of 1978, and for other purposes.
PL 98-192 (S.726), enacted 12/01/1983

PUBLIC LAW 98-192—DEC. 1, 1983 
97 STAT. 1335 
Public Law 98-192 
98th Congress 
An Act 
To amend and extend the Tribally Controlled Community College Assistance Act of 
1978, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. The matter preceding title I of the Tribally Controlled 
Community College Assistance Act of 1978 (92 Stat. 1325) (hereafter 
in this Act referred to as the "Act") is amended— 
(1) by striking out "DEFINITIONS" and inserting in lieu thereof 
the following: 
"DEFINITIONS 
"SEC. 2. (a) For purposes of this Act, the term—"; 
(2) by striking out "and is eligible to receive services from the 
Secretary of the Interior" in paragraph (1); 
(3) by inserting before the semicolon at the end of paragraph 
(5) thereof the following: "and the reference to Secretary in 
clause (5)(A) of such section shall be deemed to refer to the 
Secretary of the Interior"; and 
(4) by striking out paragraph (7) and inserting in lieu thereof 
the following: 
"(7) 'Indian student count' means a number equal to the total 
number of Indian students enrolled in each tribally controlled 
community college, determined in a manner consistent with 
subsection (b) of this section on the basis of the quotient of the 
sum of the credit hours of all Indian students so enrolled, 
divided by twelve. 
"(b) The following conditions shall apply for the purpose of deter-
mining the Indian student count pursuant to paragraph (7) of 
subsection (a): 
"(1) Such number shall be calculated on the basis of the 
registrations of Indian students as in effect at the conclusion of 
the third week of each academic term. 
"(2) Credits earned in classes offered during a summer term Credits 
shall be counted toward the computation of the Indian student 
count in the succeeding fall term. 
"(3) Indian students earning credits in any continuing educa-
tion program of a tribally controlled community college shall be 
included in determining the sum of all credit hours. 
"(4) Credits earned in a continuing education program shall 
be converted to a credit-hour basis in accordance with the 
tribally controlled community college's system for providing 
credit for participation in such program. 
"(5) No credit hours earned by an Indian student who is not 
making satisfactory progress toward a degree or certificate, in 
accordance with the standards and practices of the appropriate 
accrediting agency or the institution at which the student is in 
attendance, shall be taken into account.". 
Dec. 1, 1983 
[S. 726] 
Tribally 
Controlled 
Community 
College 
Assistance Act 
of 1978, 
amendment. 
25 u s e 1801. 
"Indian student 
count." 
97 STAT. 1336 
PUBLIC LAW 98-192—DEC. 1, 1983 
25 u s e 1802. 
25 use 1803. 
25 u s e 1807. 
Infra. 
25 use 
1805-1815. 
SEC. 2. Section 101 of the Act is amended by inserting immediately 
before the period at the end thereof the following: ", and to allow for 
the improvement and expansion of the physical resources of such 
institutions". 
SEC. 3. (a) Section 102 of the Act is amended— 
(1) by striking out "is authorized to" in subsection (a) and 
inserting in lieu thereof "shall, subject to appropriations,"; and 
(2) by striking out "to defray the expense of activities related 
to education programs for Indian students" in subsection (b) and 
inserting in lieu thereof "to defray, at the determination of the 
tribally controlled community college, expenditures for aca-
demic, educational, and administrative purposes and for the 
operation and maintenance of the college". 
(b) Section 106(a) of the Act is amended by inserting after the 
second sentence the following new sentence: "Such application shall 
include a description of recordkeeping procedures for the expendi-
ture of funds received under this Act which will allow the Secretary 
to audit and monitor programs conducted with such funds.". 
SEC. 4. (a) The Act is amended— 
(1) by redesignating sections 104 through 114 as sections 105 
through 115, respectively; and 
(2) by inserting after section 103 the following new section: 
25 use 1804a. 
Regulations. 
Applications, 
submission and 
review. 
Infra. 
25 u s e 1806. 
25 u s e 1807. 
25 u s e 1811. 
25 u s e 1805. 
PLANNING GRANTS 
"SEC. 104. (a) The Secretary shall establish a program in accord-
ance with this section to make grants to tribes and tribal entities (1) 
to conduct planning activities for the purpose of developing propos-
als for the establishment of tribally controlled community colleges, 
or (2) to determine the need and potential for the establishment of 
such colleges. 
"
O
t
>
) The Secretary shall establish, by regulation, procedures for 
the submission and review of applications for grants under this 
section. 
"(c) From the amount appropriated to carry out this title for any 
fiscal year (exclusive of sums appropriated for section 105), the 
Secretary shall reserve (and expend) an amount necessary to make 
grants to five applicants under this section of not more than $15,000 
each, or an amount necessary to make grants in that amount to 
each of the approved applicants, if less than five apply and are 
approved.". 
(b) The Act is further amended— 
(1) by striking out "section 106" in section 106 (as redesig-
nated by subsection (a)(1)) and inserting in lieu thereof "section 
107"; 
(2) by striking out "section 105" in section 107 (as so redesig-
nated) and inserting in lieu thereof "section 106"; and 
(3) by striking out "section 106(a)" in section 111 (as so 
redesignated) and inserting in lieu thereof "section 107(a)". 
SEC. 5. Section 105 of the Act (as redesignated by section 4(a)(1)) is 
amended— 
(1) by inserting "from a tribally controlled community college 
which is receiving funds under section 108" after "upon 
request" in the first sentence thereof; and 
(2) by striking out "to tribally controlled community colleges" 
in such sentence. 
PUBLIC LAW 98-192—DEC. 1, 1983 
97 STAT. 1337 
SEC. 6. (a) Section 106 of the Act (as redesignated by section 4(a)(1) 25 USC 1806. 
of this Act) is amended— 
(1) by striking out "FEASIBILITY" in the heading of such section 
and inserting in lieu thereof "ELIGIBILITY"; 
(2) by striking out "feasibility" each place it appears in such 
section and inserting in lieu thereof "eligibility"; 
(3) by striking out "Assistant Secretary of Education of the 
Department of Health, Education, and Welfare" in subsection 
(a) and inserting in lieu thereof "Secretary of Education"; 
(4) by inserting at the end of subsection (b) the following new 
sentence: "Such a positive determination shall be effective for 
the fiscal year succeeding the fiscal year in which such determi-
nation is made."; and 
(5) by striking out "10 per centum" in subsection (c)(2) and 
inserting in lieu thereof "5 per centum". 
(b) Section 107 of the Act (as redesignated by section 4(a)(1) of this 25 use 1807. 
Act) is amended— 
(1) by striking out "feasibility" in subsection (a) and inserting 
in lieu thereof "eligibility", and 
(2) striking out "Assistant Secretary of Education of the 
Department of Health, Education, and Welfare" in subsection 
(b) and inserting in lieu thereof "Secretary of Education". 
SEC. 7. Section 108(a) of the Act (as redesignated by section 4(a)(1) 25 use 1808. 
of this Act) is amended to read as follows: 
"SEC. 108. (a) Except as provided in section 111, the Secretary Post, p. 1338. 
shall, subject to appropriations, grant for each academic year to 
each tribally controlled community college having an application 
approved by him an amount equal to the product of— 
"(1) the Indian student count at such college during such 
academic year, as determined by the Secretary in accordance 
with section 2(a)(7) of this Act; and 
Ante, p. 1335. 
"(2)(A) $4,000 for fiscal year 1984, 
"(B) $5,025 for fiscal year 1985, 
"(C) $5,415 for fiscal year 1986, and 
"(D) $5,820 for fiscal year 1987, 
except that no grant shall exceed the total cost of the education 
program provided by such college.". 
SEC. 8. Section 109 of the Act (as redesignated by section 4(a)(1) of 25 use 1809. 
this Act) is amended— 
(1) by inserting "(a)" immediately after the section designa-
tion; and 
(2) by adding at the end thereof the following new subsections: 
"(bXl) The amount of any grant for which tribally controlled 
community colleges are eligible under section 108 shall not be Supra. 
altered because of funds allocated to any such colleges from funds 
appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 
U.S.C. 13). 
"(2) No tribally controlled community college shall be denied 
Funds, denial. 
funds appropriated under such Act of November 2, 1921, because of 
the funds it receives under this Act. 
"(c) For the purposes of sections 312(2XAXi) and 322(aX2XAXi) of 
the Higher Education Act of 1965, any Indian student who receives a ^^„Y^^ ^^^^' 
student assistance grant from the Bureau of Indian Affairs for 
^ 
postsecondary education shall be deemed to have received such 
assistance under subpart 1 of part A of title IV of such Act.". 20 use 1070. 
SEC. 9. Section 110 of the Act (as redesignated by section 4(aXl) of 25 use 1810. 
this Act) is amended to read as follows: 
97 STAT. 1338 
PUBLIC LAW 98-192—DEC. 1, 1983 
"APPROPRIATION AUTHORIZATION 
"SEC. 110. (aXD There is authorized to be appropriated, for the 
Ante, p. 1336. 
purpose of carrying out section 105, $3,200,000 for each of the fiscal 
years 1985,1986, and 1987. 
"(2) There is authorized to be appropriated for the purpose of 
Ante, p. 1337. 
Carrying out section 107, $30,000,000 for each of such fiscal years. 
"(3) There are authorized to be appropriated such sums as may be 
fost, pp. 1339, 
necessary for the purpose of carrying out sections 112(b) and 113 for 
^
"
^ "• 
each of such fiscal years. 
"(b)(1) For the purpose of affording adequate notice of funding 
available under this Act, amounts appropriated in an appropriation 
Act for any fiscal year to carry out this Act shall become available 
for obligation on July 1 of that fiscal year and shall remain avail-
able 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 
Act, the first of which shall not be subject to paragraph (1).". 
25 use 1811. 
SEC. 10. Section 111 of the Act (as redesignated by section 4(a)(1) of 
this Act) is amended by redesignating subsection (b) as subsection (c) 
and by striking out subsection (a) and inserting in lieu thereof the 
following: 
"SEC. 111. (a)(1) If the sums appropriated for any fiscal year 
Supra. 
pursuant to section 110(a)(2) for grants under section 107 are not 
Ante, p. 1337. 
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 107 for the preceding fiscal 
year an amount equal to 95 per centum of the product o
f
— 
"(i) the per capita payment for the preceding fiscal year; 
and 
"(ii) such applicant's Indian student count for the current 
fiscal year; 
"(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 o
f
—
• 
"(i) the per capita payment for the preceding fiscal year; 
and 
"(ii) the applicant's Indian student count for the current 
fiscal year; 
in the order in which such applicants have qualified for assist-
ance in accordance with such section so that no amount shall be 
allocated to a later qualified applicant until each earlier quali-
fied 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 deter-
mined under subparagraph (A) until such grants are equal 
to 100 per centum of the product described in such subpara-
graph; 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). 
PUBLIC LAW 98-192—DEC. 1, 1983 
97 STAT. 1339 
"(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 107 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 
title. 
"(b)(1) If the sums appropriated for any fiscal year for grants 
under section 107 are not sufficient to pay in full the total amount of 
the grants determined pursuant to subsection (a)(1)(A), the amount 
which applicants described in such subsection are eligible to receive 
under section 107 for such fiscal year shall be ratably reduced. 
"(2) If any additional funds become available for making pay-
ments under section 107 for any fiscal year to which subsection (a) 
or paragraph (1) of this subsection applies, such additional amounts 
shall be allocated by first increasing grants reduced under para-
graph (1) of this subsection on the same basis as they were reduced 
and by then allocating the remainder in accordance with subsection 
(a). Sums appropriated in excess of the amount necessary to pay in 
full the total amounts for which applicants are eligible under sec-
tion 107 shall be allocated by ratably increasing such total amounts. 
"(8) References in this subsection and subsection (a) to section 107 
shall, with respect to fiscal year 1983, be deemed to refer to section 
106 as in effect at the beginning of such fiscal year.". 
SEC. 11. Section 112 of the Act (as redesignated by section 4(a)(1) of 
this Act) is amended to read as follows: 
"Per capita 
payment." 
Ante, p. 1337. 
Ante, p. 1337. 
25 u s e 1812. 
REPORT ON FACILITIES 
"SEC. 112. (a) The Administrator of General Services shall provide 
for the conduct of a study of facilities available for use by tribally 
controlled community colleges. Such study shall consider the condi-
tion 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 facili-
ties (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 Submittal to 
Congress not later than eighteen months after the date of enactment Congress, 
of this subsection. 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 commu-
nity colleges under section 202(a)(2) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 483(a)(2)) and 
under the Act of August 6, 1956 (70 Stat. 1057; 25 U.S.C. 443a). 
"(b) The Administrator of General Services, in consultation with Renovation 
the Bureau of Indian Affairs, shall initiate a program to conduct program, 
necessary renovations, alterations, repairs, and reconstruction iden-
tified pursuant to subsection (a) of this section. 
"(c) For the purposes of this section, the term 'reconstruction' has "Reconstruction.' 
the meaning provided in the first sentence of subparagraph (B) of 
97 STAT. 1340 
PUBLIC LAW 98-192—DEC. 1, 1983 
25 u s e 1813. 
section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 
1132e-l(2)(B)).". 
SEC. 12. Section 113 of the Act (as redesignated by section 4(aXl) of 
this Act) is amended to read as follows: 
Grants. 
Ante, p. 1339. 
Ante, pp. 1336, 
1337. 
Accreditation. 
Waiver. 
Waiver. 
CONSTRUCTION OF NEW FACILITIES 
"SEC. 113. (a) With respect to any tribally controlled community 
college for which the report of the Administrator of General Serv-
ices under section 112(a) of this Act 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) 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 105 or 
107, and 
"(2) must be accredited by a nationally recognized accrediting 
agency listed by the Secretary of Education pursuant to the last 
sentence of section 1201(a) of the Higher Education Act of 1965 
(20 U.S.C. 1141(a)), except that such requirement may be waived 
if the Secretary determines that there is a reasonable expecta-
tion 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)(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 commu-
nity college may use funds provided under the Act of November 2, 
1921 (25 U.S.C. 13), popularly referred to as the Snyder Act. 
"(2) The Secretary may waive, in whole or in part, the require-
ments of paragraph (1) in the case of any tribally controlled commu-
nity college which demonstrates that neither such college nor the 
tribal government with which it is affiliated have sufficient re-
sources 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) 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 Secre-
tary 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 govern-
PUBLIC LAW 98-192—DEC. 1, 1983 
97 STAT. 1341 
ment 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 pro-
vided under the Act of November 2, 1921 (25 U.S.C. 13)) 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) 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. 
"(f) For the purposes of this section— 
"(1) the term 'construction' includes reconstruction or renova-
tion (as such terms are defined in the first sentence of subpara-
graph (B) of section 742(2) of the Higher Education Act of 1965 
(20 U.S.C. 1132e-l(2)(B))); and 
"(2) the term 'academic facilities' has the meaning provided 
such term under section 742(1) of the Higher Education Act of 
1965 (20 U.S.C. 1132e-l(l)).". 
SEC. 13. The Act is further amended by adding at the end thereof 
the following new title: 
Religious 
activities. 
Definitions. 
"TITLE III—TRIBALLY CONTROLLED COMMUNITY COLLEGE 
ENDOWMENT PROGRAM 
PURPOSE 
"SEC. 301. It is the purpose of this title to provide grants for the 
encouragement of endowment funds for the operation and improve-
ment of tribally controlled community colleges. 
25 u s e 1831. 
ESTABLISHMENT OF PROGRAM; PROGRAM AGREEMENTS 
"SEC. 302. (a) From the amount appropriated pursuant to section 
306, the Secretary shall establish a program of making endowment 
grants to tribally controlled community colleges which are current 
recipients of assistance under section 107 of this Act or under 
section 3 of the Navajo Community College Act. 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 333 of the Higher 
Education Act of 1965 for such fiscal year. 
"(h) 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 establishment and maintenance of a 
trust fund at a federally insured banking or savings institution; 
"(2) provides for the deposit in such trust fund o
f
— 
"(A) any Federal capital contributions made from funds 
appropriated under section 306; 
"(B) a capital contribution by such college in an amount 
equal to the amount of each Federal capital contribution; 
and 
25 u s e 1832. 
Ante, p. 1387. 
25 u s e 640b. 
Ante, p. 708. 
97 STAT. 1342 
PUBLIC LAW 98-192—DEC. 1, 1983 
"(C) any earnings of the funds so deposited; 
"(3) provides that such funds will be deposited in such a 
manner as to insure the accumulation of interest thereon at a 
rate not less than that generally available for similar funds 
deposited at the same banking or savings institution for the 
same period or periods of time; 
"(4) provides that, if at any time such college withdraws any 
capital contribution made by that college, an equal amount of 
Federal capital contribution shall be withdrawn and returned to 
the Secretary for reallocation to other colleges; 
"(5) provides that no part of the net earnings of such trust 
fund will inure to the benefit of any private person; and 
"(6) includes such other provisions as may be necessary to 
protect the financial interest of the United States and promote 
the purpose of this title and as are agreed to by the Secretary 
and the college, including a description of recordkeeping proce-
dures for the expenditure of accumulated interest which will 
allow the Secretary to audit and monitor programs and activi-
ties conducted with such interest. 
"USE OF FUNDS 
25 use 1833. 
"SEC. 303. Interest deposited, pursuant to section 302(b)(2)(C), in 
the trust fund of any tribally controlled community college may be 
periodically withdrawn and used, at the discretion of such college, to 
defray any expenses associated with the operation of such college, 
including expense of operations and maintenance, administration, 
academic and support personnel, community and student services 
programs, and technical assistance. 
"COMPLIANCE WITH MATCHING REQUIREMENT 
25 use 1834. 
"SEC. 304. For the purpose of complying with the contribution 
requirement of section 302(b)(2)(B), a tribally controlled community 
college may use funds which are available from any private or tribal 
source. 
"ALLOCATION OF FUNDS 
25 use 1835. 
"SEC. 305. (a) From the amount appropriated pursuant to section 
306, the Secretary shall allocate to each tribally controlled commu-
nity college which is eligible for an endowment grant under this 
title an amount for a Federal capital contribution equal to the 
amount which such college demonstrates has been placed within the 
control of, or irrevocably committed to the use of, the college and is 
available for deposit as a capital contribution of that college in 
accordance with section 302(b)(2XB), except that the maximum 
amount which may be so allocated to any such college for any fiscal 
year shall not exceed $350,000. 
"(b) If for any fiscal year the amount appropriated pursuant to 
section 306 is not sufficient to allocate to each tribally controlled 
community college an amount equal to the amount demonstrated by 
such college pursuant to subsection (a), then the amount of the 
allocation to each such college shall be ratably reduced. 
PUBLIC LAW 98-192—DEC. 1, 1983 
97 STAT. 1343 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 306. (a) There is authorized to be appropriated to carry out 25 use 1836. 
the provisions of this title $5,000,000 for each of the fiscal years 
1985,1986, and 1987. 
"(b) Any funds appropriated pursuant to subsection (a) are author-
ized to remain available until expended.". 
SEC. 14. Section 5(a)(1) of the Navajo Community College Act is 25 use 640c-i. 
amended by striking out "October 1, 1979" and inserting in lieu 
thereof "October 1,1984". 
SEC. 15. In promulgating any regulations to implement the 25 use 1815 
amendments made by this Act, the Secretary of the Interior shall ^°^-
consult with tribally controlled community colleges. 
Approved December 1, 1983. 
LEGISLATIVE HISTORY—S. 726 (H.R. 2307): 
HOUSE REPORTS: No. 98-77 accompanying H.R. 2307 (Comm. on Education and 
Labor) and No. 98-505 (Comm. of Conference). 
SENATE REPORTS: No. 98-64 (Comm. on Indian Affairs) and No. 98-303 (Comm. of 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
May 3, H.R. 2307 failed of passage in House. 
May 25, considered and passed Senate. 
Oct. 20, considered and passed House, amended. 
Nov. 17, Senate and House agreed to conference report.