Title 25 — Indians
Chapter 20 — Tribally Controlled Colleges and Universities Assistance
§ 1806. Eligibility studies
Statutory text
Development of plans, procedures, and criteria
The Secretary is authorized to enter into an agreement with the Secretary of Education to assist the Bureau of Indian Affairs in developing plans, procedures, and criteria for conducting the eligibility studies required by this section. Such agreement shall provide for continuing technical assistance in the conduct of such studies.
Initiation by Secretary; grant applications and budgets
The Secretary, within thirty days after a request by any Indian tribe, shall initiate a 1 eligibility study to determine whether there is justification to encourage and maintain a tribally controlled college or university, 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. Such a positive determination shall be effective for the fiscal year succeeding the fiscal year in which such determination is made.
Source of appropriations
Funds to carry out the purposes of this section for any fiscal year may be drawn from either—
general administrative appropriations to the Secretary made after for such fiscal year; or
not more than 5 per centum of the funds appropriated to carry out section 1807 of this title for such fiscal year.
Footnotes
- 1 So in original. Probably should be “an”.
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.
Pub. L. 95–471 title I § 106 · 92 Stat. 1325
Enacted · 25 U.S.C. § 1806
Pub. L. 95–471, title I, § 106, formerly § 105, Oct. 17, 1978, 92 Stat. 1326
Source evidence
Code source credit
Pub. L. 95–471, title I, § 106, formerly § 105, Oct. 17, 1978, 92 Stat. 1326Enacted provision · exact public law section
Sec. 106. (a) Grants shall be made under this title only in response 25 USC 1807. to applications by tribally controlled community colleges. Such applications shall be submitted at such time, in such manner, and will contain or be accompanied by such information as the Secretary may reasonably require pursuant to regulations. The Secretary shall not consider any grant application unless a feasibility study has been conducted 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 presence of alternate education sources, and proposed curriculum. (c) Priority in grants shall be given to institutions which are operating 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 Congress. year the current status of tribally controlled community colleges and his recommendations for needed action.Pub. L. 98–192 § 6(a)(2) · 97 Stat. 1335
Substituted · 25 U.S.C. § 1806(a)
Pub. L. 98–192, § 6(a)(2), (3), substituted “eligibility” for “feasibility”
Substituted · 25 U.S.C. § 1806(a)
Pub. L. 98–192, § 6(a)(2), (3), substituted “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–192, § 6(a)(2), (3), substituted “eligibility” for “feasibility” and “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”.Enacted provision · exact public law section
(2) by striking out “feasibility” each place it appears in such section and inserting in lieu thereof “eligibility”;Pub. L. 98–192 § 6(a)(2) · 97 Stat. 1335
Inserted · 25 U.S.C. § 1806(b)
Pub. L. 98–192, § 6(a)(2), (4), inserted provision that such positive determination be effective for fiscal year succeeding fiscal year in which such determination is made
Substituted · 25 U.S.C. § 1806(b)
Pub. L. 98–192, § 6(a)(2), (4), substituted “eligibility” for “feasibility”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–192, § 6(a)(2), (4), inserted provision that such positive determination be effective for fiscal year succeeding fiscal year in which such determination is made, and substituted “eligibility” for “feasibility”.Enacted provision · exact public law section
(2) by striking out “feasibility” each place it appears in such section and inserting in lieu thereof “eligibility”;Pub. L. 98–192 · 97 Stat. 1335
Substituted · 25 U.S.C. § 1806(c)(2)
Pub. L. 98–192, §§ 4(b)(1), 6(a)(5), substituted “5 per centum” for “10 per centum” and made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 98–192, §§ 4(b)(1), 6(a)(5), substituted “5 per centum” for “10 per centum” and made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section.Higher Education Amendments of 1998
Pub. L. 105–244 title IX § 901(b)(5) · 112 Stat. 1581
Substituted · 25 U.S.C. § 1806(b)
Pub. L. 105–244 substituted “college or university” for “community college”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–244 substituted “college or university” for “community college”.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.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1983–1998 · 2 rounds
1998
Subsec. (b). Pub. L. 105–244 substituted “college or university” for “community college”.
1983
Subsec. (a). Pub. L. 98–192, § 6(a)(2), (3), substituted “eligibility” for “feasibility” and “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”.
Subsec. (b). Pub. L. 98–192, § 6(a)(2), (4), inserted provision that such positive determination be effective for fiscal year succeeding fiscal year in which such determination is made, and substituted “eligibility” for “feasibility”.
Subsec. (c)(2). Pub. L. 98–192, §§ 4(b)(1), 6(a)(5), substituted “5 per centum” for “10 per centum” and made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section.
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
1978–1998 · 3 acts
- 1978Pub. L. 95–471, title I, § 106, formerly § 105, , 92 Stat. 1326
- 1983renumbered § 106 and amended Pub. L. 98–192, §§ 4(a)(1), (b)(1), 6(a), , 97 Stat. 1336, 1337
- 1998Pub. L. 105–244, title IX, § 901(b)(5), , 112 Stat. 1828.
Show as published
(Pub. L. 95–471, title I, § 106, formerly § 105, , 92 Stat. 1326; renumbered § 106 and amended Pub. L. 98–192, §§ 4(a)(1), (b)(1), 6(a), , 97 Stat. 1336, 1337; Pub. L. 105–244, title IX, § 901(b)(5), , 112 Stat. 1828.)