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Title 25 — Indians

Chapter 20 — Tribally Controlled Colleges and Universities Assistance

§ 1805. Technical assistance contracts

Statutory text

(a)

Technical assistance

(1)

In general

The Secretary shall provide, upon request from a tribally controlled college or university which is receiving funds under section 1808 of this title, technical assistance either directly or through contract.

(2)

Designated organization

The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded to an organization designated by the tribally controlled college or university to be assisted.

(b)

Effect of section

No authority to enter into contracts provided by this section shall be effective except to the extent authorized in advance by appropriations Acts.

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. Pub. L. 95–471 title I § 105 · 92 Stat. 1325

    Enacted · 25 U.S.C. § 1805

    Pub. L. 95–471, title I, § 105, formerly § 104, Oct. 17, 1978, 92 Stat. 1326

    Source evidence

    Code source credit
    Pub. L. 95–471, title I, § 105, formerly § 104, Oct. 17, 1978, 92 Stat. 1326

    Enacted provision · exact public law section
    Sec. 105. (a) The Secretary is authorized to enter into an agreement Agreement. 25 USC 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 feasibility studies required by this section. Such agreement shall provide for continuing technical assistance in the conduct of such studies. (b) The Secretary, within thirty days after a request by any Indian Feasibility study. tribe, shall initiate a feasibility study to determine whether there is justification to encourage and maintain a tribally controlled community college, and, upon a positive determination, shall aid in the preparation 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 carry out section 106 for such fiscal year.

  2. Pub. L. 98–192 § 5 · 97 Stat. 1335

    1. Inserted · 25 U.S.C. § 1805

      Pub. L. 98–192, § 5, inserted “from a tribally controlled community college which is receiving funds under section 1808 of this title”

    2. Struck · 25 U.S.C. § 1805

      Pub. L. 98–192, § 5, struck out “to tribally controlled community colleges” before “either directly”

    Source evidence

    Code amendment note
    Pub. L. 98–192, § 5, inserted “from a tribally controlled community college which is receiving funds under section 1808 of this title” and struck out “to tribally controlled community colleges” before “either directly”.

    Enacted provision · exact public law section
    Sec. 5. 25 USC 1805. 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.

  3. Higher Education Amendments of 1998

    Pub. L. 105–244 title IX § 901(b)(5) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1805

    Pub. L. 105–244 substituted “college or university” for “community college” in two places

    Source evidence

    Code amendment note
    Pub. L. 105–244 substituted “college or university” for “community college” in two places.

    Enacted provision · exact public law section
    (5) in sections 2(a)(4), 2(a)(7), 2(b)(4), 102(b), 103, 105, 106(b), 107(a), 107(b), 108(a), 108(b)(3)(A), 108(b)(3)(B), 108(b)(4), 109(b)(2), 109(b)(3), 109(d), 113(a), 113(b), 113(c)(1), 113(c)(2), 302(b), 303, 304, 305(a), and 305(b) (25 U.S.C. 1801(a)(4), 1801(a)(7), 1801(b)(4), 1803(b), 1804, 1805, 1806(b), 1807(a), 1807(b), 1808(a), 1808(b)(3)(A), 1808(b)(3)(B), 1808(b)(4), 1809(b)(2), 1809(b)(3), 1809(d), 1813(a), 1813(b), 1813(c)(1), 1813(c)(2), 1832(b), 1833, 1834, 1835(a), and 1835(b)), by striking “community college” each place the term appears and inserting “college or university”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

  4. Higher Education Opportunity Act

    Pub. L. 110–315 title IX § 941(e) · 122 Stat. 3078

    1. Inserted · 25 U.S.C. § 1805

      Pub. L. 110–315 inserted subsec. and par. designations and headings

    2. Amended · 25 U.S.C. § 1805

      Pub. L. 110–315 designated first sentence as par. (1) of subsec. (a)

    3. Amended · 25 U.S.C. § 1805

      Pub. L. 110–315 designated second sentence as par. (2) of subsec. (a)

    4. Substituted · 25 U.S.C. § 1805

      Pub. L. 110–315 substituted “The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded” for “In the awarding of contracts for technical assistance, preference shall be given”

    5. Amended · 25 U.S.C. § 1805

      Pub. L. 110–315 designated third sentence as subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 110–315 inserted subsec. and par. designations and headings, designated first sentence as par. (1) of subsec. (a), designated second sentence as par. (2) of subsec. (a) and substituted “The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded” for “In the awarding of contracts for technical assistance, preference shall be given”, and designated third sentence as subsec. (b).

    Enacted provision · exact public law section
    (e) Technical Assistance Contracts.— Section 105 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1805) is amended— (1) by striking the section designation and heading and all that follows through “The Secretary shall” and inserting the following: “SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. “(a) Technical Assistance.— “(1) In general.— The Secretary shall” ; (2) in the second sentence, by striking “In the awarding of contracts for technical assistance, preference shall be given” and inserting the following: “(2) Designated organization.— The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded” ; and (3) in the third sentence, by striking “No authority” and inserting the following: “(b) Effect of Section.— No authority” .

9 of 9 references resolved to an enrolled provision

Editorial Notes

Amendments1983–2008 · 3 rounds

2008

Pub. L. 110–315 inserted subsec. and par. designations and headings, designated first sentence as par. (1) of subsec. (a), designated second sentence as par. (2) of subsec. (a) and substituted “The Secretary shall require that a contract for technical assistance under paragraph (1) shall be awarded” for “In the awarding of contracts for technical assistance, preference shall be given”, and designated third sentence as subsec. (b).

1998

Pub. L. 105–244 substituted “college or university” for “community college” in two places.

1983

Pub. L. 98–192, § 5, inserted “from a tribally controlled community college which is receiving funds under section 1808 of this title” and struck out “to tribally controlled community colleges” before “either directly”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Credits

1978–2008 · 4 acts
  1. 1978Pub. L. 95–471, title I, § 105, formerly § 104, , 92 Stat. 1326
  2. 1983renumbered § 105 and amended Pub. L. 98–192, §§ 4(a)(1), 5, , 97 Stat. 1336
  3. 1998Pub. L. 105–244, title IX, § 901(b)(5), , 112 Stat. 1828
  4. 2008Pub. L. 110–315, title IX, § 941(e), , 122 Stat. 3461.
Show as published

(Pub. L. 95–471, title I, § 105, formerly § 104, , 92 Stat. 1326; renumbered § 105 and amended Pub. L. 98–192, §§ 4(a)(1), 5, , 97 Stat. 1336; Pub. L. 105–244, title IX, § 901(b)(5), , 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(e), , 122 Stat. 3461.)

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