§ 1059c. American Indian tribally controlled colleges and universities

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be followed by a third closing parenthesis.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Higher Education Act of 1965

   Pub. L. 89–329 title III § 316 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1059c

   Pub. L. 89–329, title III, § 316, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 473

   Source evidence

   Code source credit
   Pub. L. 89–329, title III, § 316, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 473

2. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(a)(7) · 107 Stat. 2457

   Substituted · 20 U.S.C. § 1059c(c)

   Pub. L. 103–208 substituted “(2) Examples of authorized activities.—Such programs may include—” for “Such programs may include—”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–208 substituted “(2) Examples of authorized activities.—Such programs may include—” for “Such programs may include—”.

   Enacted provision · exact public law section
   (7) in section 316(c), by striking “Such programs may 20 USC 1059c. include—” and inserting the following: “(2) Examples of authorized activities.— Such programs may include—”;

3. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 title III § 303(e) · 112 Stat. 1581

   Amended · 20 U.S.C. § 1059c

   Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) authorizing grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic and other low-income students

   Source evidence

   Code amendment note
   Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) authorizing grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic and other low-income students.

   Enacted provision · exact public law section
   (e) American Indian Tribally Controlled Colleges and Universities.— Section 316 (20 U.S.C. 1059c) is amended to read as follows: “SEC. 316. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES. “(a) Program Authorized.— The Secretary shall provide grants and related assistance to Indian Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students. “(b) Definitions.— In this section: “(1) Indian.— The term ‘Indian’ has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978. “(2) Indian tribe.— The term ‘Indian tribe’ has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978. “(3) Tribal college or university.— The term ‘Tribal College or University’ has the meaning give the term ‘tribally controlled college or university’ in section 2 of the Tribally Controlled College or University Assistance Act of 1978, and includes an institution listed in the Equity in Educational Land Grant Status Act of 1994. “(4) Institution of higher education.— The term ‘institution of higher education’ means an institution of higher education as defined in section 101(a), except that paragraph (2) of such section shall not apply. “(c) Authorized Activities.— “(1) In general.— Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Indian students. “(2) Examples of authorized activities.— The activities described in paragraph (1) may include— “(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; “(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services; “(C) support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction; “(D) academic instruction in disciplines in which Indians are underrepresented; “(E) purchase of library books, periodicals, and other educational materials, including telecommunications program material; “(F) tutoring, counseling, and student service programs designed to improve academic success; “(G) funds management, administrative management, and acquisition of equipment for use in strengthening funds management; “(H) joint use of facilities, such as laboratories and libraries; “(I) establishing or improving a development office to strengthen or improve contributions from alumni and the private sector; “(J) establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, preparation for teacher certification; “(K) establishing community outreach programs that encourage Indian elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education; and “(L) other activities proposed in the application submitted pursuant to subsection (d) that— “(i) contribute to carrying out the activities described in subparagraphs (A) through (K); and “(ii) are approved by the Secretary as part of the review and acceptance of such application. “(3) Endowment fund.— “(A) In general.— A Tribal College or University may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution. “(B) Matching requirement.— In order to be eligible to use grant funds in accordance with subparagraph (A), the Tribal College or University shall provide matching funds, in an amount equal to the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund. “(C) Comparability.— The provisions of part C regarding Applicability. the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A). “(d) Application Process.— “(1) Institutional eligibility.— To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b). “(2) Application.— Any Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may by regulation reasonably require. Each such application shall include— “(A) a 5-year plan for improving the assistance provided by the Tribal College or University to Indian students, increasing the rates at which Indian secondary school students enroll in higher education, and increasing overall post secondary retention rates for Indian students; and “(B) such enrollment data and other information and assurances as the Secretary may require to demonstrate compliance with paragraph (1). “(3) Special rule.— For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B.”.

4. 2000

   Pub. L. 106–211 § 1(a) · 114 Stat. 330

   Inserted · 20 U.S.C. § 1059c(d)(2)

   Pub. L. 106–211, § 1(a), inserted after first sentence “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”

   Enacted provision · exact public law section
   (a) Simplification of Applications.— Sections 316(d)(2) and 317(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059c(d)(2), 1059d(d)(2)) are each amended by inserting after the first sentence the following: “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”.

5. 2000

   Pub. L. 106–211 § 1(b)(1) · 114 Stat. 330

   1. Added · 20 U.S.C. § 1059c(d)(3)

      Pub. L. 106–211, § 1(b)(1), added par. (3)

   2. Struck · 20 U.S.C. § 1059c(d)(3)

      Pub. L. 106–211, § 1(b)(1), struck out heading and text of former par. (3). Text read as follows: “For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this subchapter.”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 106–211, § 1(b)(1), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this subchapter.”

   Enacted provision · exact public law section
   (1) Tribal colleges and universities.— Section 316(d) of such Act is farther amended by striking paragraph (3) and inserting the following: “(3) Special rules.— “(A) Eligibility.— No Tribal College or University that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. “(B) Exemption.— Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. “(C) Distribution.— In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.”.

6. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 303(1) · 122 Stat. 3078

   1. Added · 20 U.S.C. § 1059c(b)(3)

      Pub. L. 110–315, § 303(1), added par. (3)

   2. Struck · 20 U.S.C. § 1059c(b)(3)

      Pub. L. 110–315, § 303(1), struck out former par. (3). Prior to amendment, text read as follows: “The term ‘Tribal College or University’ has the meaning give the term ‘tribally controlled college or university’ in section 1801 of title 25, and includes an institution listed in the Equity in Educational Land Grant Status Act of 1994

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 110–315, § 303(1), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘Tribal College or University’ has the meaning give the term ‘tribally controlled college or university’ in section 1801 of title 25, and includes an institution listed in the Equity in Educational Land Grant Status Act of 1994.

   Enacted provision · exact public law section
   (1) by striking subsection (b)(3) and inserting the following: “(3) Tribal college or university.— The term ‘Tribal College or University’ means an institution that— “(A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a note); or “(B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note).” ;

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

7. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 303(2)(A) · 122 Stat. 3078

   1. Added · 20 U.S.C. § 1059c(c)(2)(B)

      Pub. L. 110–315, § 303(2)(A), added subpar. (B)

   2. Struck · 20 U.S.C. § 1059c(c)(2)(B)

      Pub. L. 110–315, § 303(2)(A), struck out former subpar. (B) which read as follows: “construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services;”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 110–315, § 303(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services;”.

   Enacted provision · exact public law section
   (A) by striking subparagraph (B) and inserting the following: “(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;” ;

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

8. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 303(2)(B) · 122 Stat. 3078

   Inserted · 20 U.S.C. § 1059c(c)(2)(C)

   Pub. L. 110–315, § 303(2)(B), inserted “or in tribal governance or tribal public policy” before semicolon at end

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 110–315, § 303(2)(B), inserted “or in tribal governance or tribal public policy” before semicolon at end.

   Enacted provision · exact public law section
   (B) in subparagraph (C), by inserting before the semicolon at the end the following: “or in tribal governance or tribal public policy”;

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

9. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 303(2)(C) · 122 Stat. 3078

   Inserted · 20 U.S.C. § 1059c(c)(2)(D)

   Pub. L. 110–315, § 303(2)(C), inserted “and instruction in tribal governance or tribal public policy” before semicolon at end

   Source evidence

   Code amendment note
   Subsec. (c)(2)(D). Pub. L. 110–315, § 303(2)(C), inserted “and instruction in tribal governance or tribal public policy” before semicolon at end.

   Enacted provision · exact public law section
   (C) in subparagraph (D), by inserting before the semicolon the following: “and instruction in tribal governance or tribal public policy”;

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

10. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 303(2)(D) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1059c(c)(2)(G)(N)

       Pub. L. 110–315, § 303(2)(D)–(H), added subpars. (G) and (M)

    2. Redesignated · 20 U.S.C. § 1059c(c)(2)(G)(N)

       Pub. L. 110–315, § 303(2)(D)–(H), redesignated former subpars. (G), (H), (I), (J), (K), and (L) as subpars. (H), (I), (J), (K), (L), and (N), respectively, and in subpar. (N)(i) substituted “subparagraphs (A) through (M)” for “subparagraphs (A) through (K)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(G) to (N). Pub. L. 110–315, § 303(2)(D)–(H), added subpars. (G) and (M), redesignated former subpars. (G), (H), (I), (J), (K), and (L) as subpars. (H), (I), (J), (K), (L), and (N), respectively, and in subpar. (N)(i) substituted “subparagraphs (A) through (M)” for “subparagraphs (A) through (K)”.

    Enacted provision · exact public law section
    (D) by redesignating subparagraphs (G), (H), (I), (J), (K), and (L) as subparagraphs (H), (I), (J), (K), (L), and (N), respectively;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

11. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 303(3) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1059c(d)

       Pub. L. 110–315, § 303(3), added subsec. (d)

    2. Struck · 20 U.S.C. § 1059c(d)

       Pub. L. 110–315, § 303(3), struck out former subsec. (d) which related to the application process for assistance under this section

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–315, § 303(3), added subsec. (d) and struck out former subsec. (d) which related to the application process for assistance under this section.

    Enacted provision · exact public law section
    (3) by striking subsection (d) and inserting the following: “(d) Application, Plan, and Allocation.— “(1) Institutional eligibility.— To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b). “(2) Application.— “(A) In general.— A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. “(B) Streamlined process.— The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. “(3) Awards and allocations to institutions.— “(A) Construction grants.— “(i) In general.— Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions. “(ii) Preference.— In providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this section for a previous fiscal year. “(B) Allotment of remaining funds.— “(i) In general.— Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows: “(I) 60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and Universities. “(II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities. “(ii) Minimum grant.— The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000. “(4) Special rules.— “(A) Concurrent funding.— No Tribal College or University that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of title V. “(B) Exemption.— Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.” .

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

12. 2009

    Pub. L. 111–39 § 301(1)(A) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1059c(a)

    Pub. L. 111–39, § 301(1)(A), substituted “Tribal” for “Indian Tribal”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–39, § 301(1)(A), substituted “Tribal” for “Indian Tribal”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “Indian Tribal” and inserting “Tribal”; and

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

13. 2009

    Pub. L. 111–39 § 301(1)(B)(i) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1059c(b)(1); 20 U.S.C. § 1059c(b)(2)

    Pub. L. 111–39, § 301(1)(B)(i), (ii), substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 111–39, § 301(1)(B)(i), (ii), substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

14. 2009

    Pub. L. 111–39 § 301(1)(B)(iii) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1059c(b)(3)(A)

    Pub. L. 111–39, § 301(1)(B)(iii), substituted “the Navajo Community College Act” for “the Navajo Community College Assistance Act of 1978”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 111–39, § 301(1)(B)(iii), substituted “the Navajo Community College Act” for “the Navajo Community College Assistance Act of 1978”.

    Enacted provision · exact public law section
    (iii) in paragraph (3)(A), by striking “the Navajo Community College Assistance Act of 1978” and inserting “the Navajo Community College Act”;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

18 of 19 references resolved to an enrolled provision · 1 partial