Title 25 — Indians
Chapter 20 — Tribally Controlled Colleges and Universities Assistance
§ 1807. Grants to tribally controlled colleges or universities
Statutory text
Submission of applications; necessity of eligibility study
Grants shall be made under this subchapter only in response to applications by tribally controlled colleges or universities. 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. Such application shall include a description of recordkeeping procedures for the expenditure of funds received under this chapter which will allow the Secretary to audit and monitor programs conducted with such funds. The Secretary shall not consider any grant application unless a 1 eligibility study has been conducted under section 1806 of this title and it has been found that the applying college or university will service a reasonable student population.
Determination of support; factors considered
The Secretary shall consult with the Secretary of Education to determine the reasonable number of students required to support a tribally controlled college or university. Consideration shall be given to such factors as tribal and cultural differences, isolation, the presence of alternate education sources, and proposed curriculum.
Priority and number of grants
Priority in grants shall be given to institutions which are operating on , 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.
Consultation with national Indian organizations and tribal governments
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.
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 § 107 · 92 Stat. 1325
Enacted · 25 U.S.C. § 1807
Pub. L. 95–471, title I, § 107, formerly § 106, Oct. 17, 1978, 92 Stat. 1327
Source evidence
Code source credit
Pub. L. 95–471, title I, § 107, formerly § 106, Oct. 17, 1978, 92 Stat. 1327Enacted provision · exact public law section
Sec. 107. (a) Except as provided in section 110, the Secretary shall, 25 USC 1808. for each academic year, grant to each tribally controlled community college having an application approved by him, an amount equal to $4,000 for each full-time equivalent Indian student in attendance at such college during such academic year, as determined by the Secretary in accordance with such regulations as he may prescribe, except that no grant shall exceed the total annual cost of the education program provided by such college. (b) The Secretary shall make payments, pursuant to grants under this title, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such other factors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year. (c) (1) Each institution receiving payments under this title shall annually provide to the Secretary an accurate and detailed accounting of its operating and maintenance expenses and such other information concerning costs as the Secretary may request. (2) The Secretary shall, in consultation with the National Center for Education Statistics, establish a data collection system for the purpose of obtaining accurate information with respect to the needs and costs of operation and maintenance of tribally controlled community colleges. The Secretary shall report annually to the Congress on such Report to Congress. needs.Congressional Reports Elimination Act of 1982
Pub. L. 97–375 title I § 108(c) · 96 Stat. 1819
Struck · 25 U.S.C. § 1807(e)
Pub. L. 97–375 struck out subsec. (e) which directed the Secretary to report to Congress on Jan. 15 of each year the current status of tribally controlled community colleges and his recommendations for needed action
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–375 struck out subsec. (e) which directed the Secretary to report to Congress on Jan. 15 of each year the current status of tribally controlled community colleges and his recommendations for needed action.Enacted provision · exact public law section
(c) The Tribally Controlled Community College Assistance Act of 1978 is amended by striking out subsection (e) of section 106 and the last sentence of subsection (c)(2) of section 107 (25 U.S.C. 1807(e) and 1808(c)(2);92 Stat. 1327).Pub. L. 98–192 § 6(b)(1) · 97 Stat. 1335
Substituted · 25 U.S.C. § 1807(a)
Pub. L. 98–192, § 6(b)(1), substituted “eligibility” for “feasibility”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–192, § 6(b)(1), substituted “eligibility” for “feasibility”.Enacted provision · exact public law section
(1) by striking out “feasibility” in subsection (a) and inserting in lieu thereof “eligibility”, andPub. L. 98–192 § 4(b)(2) · 97 Stat. 1335
Changed · 25 U.S.C. § 1807(a)
Pub. L. 98–192, § 4(b)(2), made a technical amendment to reference to section 1806 of this title to reflect renumbering of that section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–192, § 4(b)(2), made a technical amendment to reference to section 1806 of this title to reflect renumbering of that section.Enacted provision · exact public law section
(2) 25 USC 1807. by striking out “section 105” in section 107 (as so redesignated) and inserting in lieu thereof “section 106”; andPub. L. 98–192 § 3(b) · 97 Stat. 1335
Inserted · 25 U.S.C. § 1807(a)
Pub. L. 98–192, § 3(b), inserted provision that such application include a description of the recordkeeping procedures for expenditure of funds as will allow Secretary to audit and monitor programs conducted with such funds
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–192, § 3(b), inserted provision that such application include a description of the recordkeeping procedures for expenditure of funds as will allow Secretary to audit and monitor programs conducted with such funds.Enacted provision · exact public law section
(b) 25 USC 1807. Infra. 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 expenditure of funds received under this Act which will allow the Secretary to audit and monitor programs conducted with such funds.”.Pub. L. 98–192 § 6(b)(2) · 97 Stat. 1335
Substituted · 25 U.S.C. § 1807(b)
Pub. L. 98–192, § 6(b)(2), substituted “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–192, § 6(b)(2), substituted “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”.Enacted provision · exact public law section
(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”.Higher Education Amendments of 1998
Pub. L. 105–244 § 901(b)(4) · 112 Stat. 1581
Substituted · 25 U.S.C. § 1807
Pub. L. 105–244, § 901(b)(4), substituted “colleges or universities” for “community colleges” in section catchline
Source evidence
Code amendment note
Pub. L. 105–244, § 901(b)(4), substituted “colleges or universities” for “community colleges” in section catchline.Enacted provision · exact public law section
(4) in the heading for section 107, by striking “community colleges ” and inserting “college or universities ”;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.Higher Education Amendments of 1998
Pub. L. 105–244 § 901(b)(5) · 112 Stat. 1581
Substituted · 25 U.S.C. § 1807(a)
Pub. L. 105–244, § 901(b)(5), (6), substituted “colleges or universities” for “community colleges”
Substituted · 25 U.S.C. § 1807(a)
Pub. L. 105–244, § 901(b)(5), (6), substituted “college or university” for “community college”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–244, § 901(b)(5), (6), substituted “colleges or universities” for “community colleges” and “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.Higher Education Amendments of 1998
Pub. L. 105–244 § 901(b)(5) · 112 Stat. 1581
Substituted · 25 U.S.C. § 1807(b)
Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–244, § 901(b)(5), 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.
10 of 10 references resolved to an enrolled provision
Editorial Notes
Amendments1982–1998 · 3 rounds
1998
Pub. L. 105–244, § 901(b)(4), substituted “colleges or universities” for “community colleges” in section catchline.
Subsec. (a). Pub. L. 105–244, § 901(b)(5), (6), substituted “colleges or universities” for “community colleges” and “college or university” for “community college”.
Subsec. (b). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.
1983
Subsec. (a). Pub. L. 98–192, § 6(b)(1), substituted “eligibility” for “feasibility”.
Pub. L. 98–192, § 4(b)(2), made a technical amendment to reference to section 1806 of this title to reflect renumbering of that section.
Pub. L. 98–192, § 3(b), inserted provision that such application include a description of the recordkeeping procedures for expenditure of funds as will allow Secretary to audit and monitor programs conducted with such funds.
Subsec. (b). Pub. L. 98–192, § 6(b)(2), substituted “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”.
1982
Subsec. (e). Pub. L. 97–375 struck out subsec. (e) which directed the Secretary to report to Congress on Jan. 15 of each year the current status of tribally controlled community colleges and his recommendations for needed action.
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 · 4 acts
- 1978Pub. L. 95–471, title I, § 107, formerly § 106, , 92 Stat. 1327
- 1982Pub. L. 97–375, title I, § 108(c), , 96 Stat. 1820
- 1983renumbered § 107 and amended Pub. L. 98–192, §§ 3(b), 4(a)(1), (b)(2), 6(b), , 97 Stat. 1336, 1337
- 1998Pub. L. 105–244, title IX, § 901(b)(4)–(6), , 112 Stat. 1828.
Show as published
(Pub. L. 95–471, title I, § 107, formerly § 106, , 92 Stat. 1327; Pub. L. 97–375, title I, § 108(c), , 96 Stat. 1820; renumbered § 107 and amended Pub. L. 98–192, §§ 3(b), 4(a)(1), (b)(2), 6(b), , 97 Stat. 1336, 1337; Pub. L. 105–244, title IX, § 901(b)(4)–(6), , 112 Stat. 1828.)