Public Law 98–192

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—

Sec. 2.

25 USC 1802.

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.

Sec. 4.

Sec. 5.

25 USC 1805.

Section 105 of the Act (as redesignated by section 4(a)(1)) is amended—

Sec. 6.

Sec. 7.

Section 108(a) of the Act (as redesignated by

25 USC 1808.

section 4(a)(1) of this Act) is amended to read as follows:

“Sec. 108.

(a)(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)“(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.

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“(2)“(2)

(A)(A)

$4,000 for fiscal year 1984,

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“(B)“(B)

$5,025 for fiscal year 1985,

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“(C)“(C)

$5,415 for fiscal year 1986, and

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“(D)“(D)

$5,820 for fiscal year 1987,

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except that no grant shall exceed the total cost of the education program provided by such college.”.

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Sec. 8.

Section 109 of the Act (as redesignated by section

25 USC 1809.

4(a)(1) of this Act) is amended—

Sec. 9.

Section 110 of the Act (as redesignated by section

25 USC 1810.

4(a)(1) of this Act) is amended to read as follows:

“Sec. 110. “appropriation authorization

(a)(a)

(1)(1)

Ante, p. 1336.

There is authorized to be appropriated, for the purpose of carrying out section 105, $3,200,000 for each of the fiscal years 1985, 1986, and 1987.

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“(2)“(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.

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“(3)“(3)

There are authorized to be appropriated such sums as may be

Post, pp. 1339, 1340.

necessary for the purpose of carrying out sections 112(b) and 113 for each of such fiscal years.

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“(b)“(b)

(1)(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 available until September 30 of the succeeding fiscal year.

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“(2)“(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 appropnations to carry out this Act, the first of which shall not be subject to paragraph (1).”.

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Sec. 10.

25 USC 1811.

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)(a)

(1)(1)

If the sums appropriated for

Supra.

Ante, p. 1337.

any fiscal year pursuant to section 110(a)(2) for grants under section 107 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)“(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 of—

“(i)“(i)

the per capita payment for the preceding fiscal year; and

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“(ii)“(ii)

such applicant’s Indian student count for the current fiscal year;

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“(B)“(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)“(i)

the per capita payment for the preceding fiscal year; and

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“(ii)“(ii)

the applicant’s Indian student count for the current fiscal year;

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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

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“(C)“(C)

if additional funds remain after making the allocations required by subparagraphs (A) and (B), the Secretary shall allocate such funds by—

“(i)“(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

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“(ii)“(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).

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“(2)“(2)

For purposes of paragraph (1) of this subsection,

“Per capita payment.”

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

Ante, p. 1337.

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.

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“(b)“(b)

(1)(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.

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“(2)“(2)

If any additional funds become available for making payments 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 paragraph (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 section 107 shall be allocated by ratably increasing such total amounts.

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“(3)“(3)

References in this subsection and subsection (a) to section 107 shall, with respect to fiscal year 1983, be deemed to refer to

Ante, p. 1337.

section 106 as in effect at the beginning of such fiscal year.”.

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Sec. 11.

Section 112 of the Act (as redesignated by section 4(a)(1)

25 USC 1812.

of this Act) is amended to read as follows:

“Sec. 112. “report on facilities

(a)(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 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

Submittal to Congress.

submitted to the Congress not later than eighteen months after the date of enactment of this subsection. Such report shall also include an identification of property—

“(1)“(1)

on which structurally sound buildings suitable for use as educational facilities are located, and

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“(2)“(2)

which is available for use by tribally controlled community 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).

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“(b)“(b)

The Administrator of General Services, in consultation with the Bureau of Indian Affairs, shall initiate a program to conduct necessary renovations, alterations, repairs, and

Renovation program.

reconstruction identified pursuant to subsection (a) of this section.

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“(c)“(c)

For the purposes of this section, the term

“Reconstruction.”

‘reconstruction’ has the meaning provided in the first sentence of subparagraph (B) of section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 1132e–1(2)(B)).”.

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Sec. 12.

25 USC 1813.

Section 113 of the Act (as redesignated by section 4(a)(1) of this Act) is amended to read as follows:

“Sec. 113. “construction of new facilities

(a)(a)

Grants.

With respect to any tribally controlled community college for which the report of the

Ante, p. 1339.

Administrator of General Services 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.

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“(b)“(b)

In order to be eligible for a grant under this section, a

Ante, pp. 1336, 1337.

tribally controlled community college—

“(1)“(1)

must be a current recipient of grants under section 105 or

Ante, pp. 1336, 1337.

107, and

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“(2)“(2)

must be accredited by a nationally recognized accrediting

Accreditation.

Waiver.

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 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.

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“(c)“(c)

(1)(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 the Act of November 2, 1921 (25 U.S.C. 13), popularly referred to as the Snyder Act.

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“(2)“(2)

Waiver.

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.

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“(d)“(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)“(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

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“(2)“(2)

the tribe with which the applicant is affiliated fails to use the facility for a public purpose approved by the tribal govern-ment in furtherance of the general welfare of the community served by the tribal government.

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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 the Act of November 2, 1921 (25 U.S.C. 13i) 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.

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“(e)“(e)

No construction assisted

Religious activities.

with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity.

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“(f)“(f)

For the purposes of this section—

Definitions.

“(1)“(1)

the term ‘construction’ includes reconstruction or renovation (as such terms are defined in the first sentence of subparagraph (B) of section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 1132e–l(2)(B))); and

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“(2)“(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(1)).”.

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Sec. 13.

The Act is further amended by adding at the end thereof the following new title:

TITLE III— TRIBALLY CONTROLLED COMMUNITY COLLEGE ENDOWMENT PROGRAM

“Sec. 301. “purpose

It is the purpose of this title to provide grants for the

25 USC 1831.

encouragement of endowment funds for the operation and improvement of tribally controlled community colleges.

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“Sec. 302. “establishment of program; program agreements

(a)(a)

From the amount appropriated pursuant to section

25 USC 1832.

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

Ante, p. 1337.

25 USC 640b.

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.

Ante, p. 708.

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“(b)“(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)“(1)

provides for the establishment and maintenance of a trust fund at a federally insured banking or savings institution;

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“(2)“(2)

provides for the deposit in such trust fund of—

“(A)“(A)

any Federal capital contributions made from funds appropriated under section 306;

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“(B)“(B)

a capital contribution by such college in an amount equal to the amount of each Federal capital contribution; and

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“(C)“(C)

any earnings of the funds so deposited;

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“(3)“(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;

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“(4)“(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;

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“(5)“(5)

provides that no part of the net earnings of such trust fund will inure to the benefit of any private person; and

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“(6)“(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 procedures for the expenditure of accumulated interest which will allow the Secretary to audit and monitor programs and activities conducted with such interest.

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“Sec. 303. “use of funds

25 USC 1833.

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.

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“Sec. 304. “compliance with matching requirement

25 USC 1834.

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.

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“Sec. 305. “allocation of funds

(a)(a)

25 USC 1835.

From the amount appropriated pursuant to section 306, the Secretary shall allocate to each tribally controlled community 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)(2)(B), except that the maximum amount which may be so allocated to any such college for any fiscal year shall not exceed $350,000.

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“(b)“(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.

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“Sec. 306. “authorization of appropriations

(a)(a)

There is authorized to be appropriated to carry out

25 USC 1836.

the provisions of this title $5,000,000 for each of the fiscal years 1985, 1986, and 1987.

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“(b)“(b)

Any funds appropriated pursuant to subsection (a) are authorized to remain available until expended”.

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Sec. 14.

Section 5(a)(1) of the Navajo Community College Act is

25 USC 640c–1..

amended by striking out “October 1, 1979” and inserting in lieu thereof “October 1, 1984”.

Sec. 15.

In promulgating any regulations to implement

25 USC 1815 note.

the amendments made by this Act, the Secretary of the Interior shall consult with tribally controlled community colleges.