Title 25 — Indians
Chapter 20 — Tribally Controlled Colleges and Universities Assistance
§ 1808. Amount of grants
Statutory text
Requirement
In general
Except as provided in paragraph (2) and section 1811 of this title, the Secretary shall, subject to appropriations, grant for each academic year to each tribally controlled college or university having an application approved by the Secretary an amount equal to the product obtained by multiplying—
the Indian student count at such college or university during the academic year preceding the academic year for which such funds are being made available, as determined by the Secretary in accordance with section 1801(a)(8) of this title; and
$8,000, as adjusted annually for inflation.
Exception
The amount of a grant under paragraph (1) shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled college or university.
Advance installment payments; adjustments; methods of payment; interest or investment income; types of investments
The Secretary shall make payments, pursuant to grants under this chapter, of not less than 95 percent of the funds available for allotment by October 15 or no later than 14 days after appropriations become available, with a payment equal to the remainder of any grant to which a grantee is entitled to be made no later than January 1 of each fiscal year.
Notwithstanding any other provision of law, the Secretary shall not, in disbursing funds provided under this subchapter, use any method of payment which was not used during fiscal year 1987 in the disbursement of funds provided under this subchapter.
Notwithstanding any provision of law other than subparagraph (B), any interest or investment income that accrues on any funds provided under this subchapter after such funds are paid to the tribally controlled college or university and before such funds are expended for the purpose for which such funds were provided under this subchapter shall be the property of the tribally controlled college or university and shall not be taken into account by any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, to the tribally controlled college or university under any provision of Federal law.
All interest or investment income described in subparagraph (A) shall be expended by the tribally controlled college or university by no later than the close of the fiscal year succeeding the fiscal year in which such interest or investment income accrues.
Funds provided under this subchapter may only be invested by the tribally controlled college or university in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States.
Accounting by recipient institutions; data collection system
Each institution receiving payments under this subchapter 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.
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 colleges or universities.
Construction of section
Nothing in this section shall be construed as interfering with, or suspending the obligation of the Bureau for, the implementation of all legislative provisions enacted prior to , specifically including those of Public Law 98–192.
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 § 108 · 92 Stat. 1325
Enacted · 25 U.S.C. § 1808
Pub. L. 95–471, title I, § 108, formerly § 107, Oct. 17, 1978, 92 Stat. 1327
Source evidence
Code source credit
Pub. L. 95–471, title I, § 108, formerly § 107, Oct. 17, 1978, 92 Stat. 1327Enacted provision · exact public law section
Sec. 108. Except as specifically provided in this title, eligibility for 25 USC 1809. assistance under this title shall not, by itself, preclude the eligibility of any tribally controlled college to receive Federal financial assistance under any program authorized under the Higher Education Act of 20 USC 1001 note. 1965 or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.Congressional Reports Elimination Act of 1982
Pub. L. 97–375 title I § 108(c) · 96 Stat. 1819
Struck · 25 U.S.C. § 1808(c)(2)
Pub. L. 97–375 struck out provision directing Secretary to report annually to Congress on needs of tribally controlled community colleges
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 97–375 struck out provision directing Secretary to report annually to Congress on needs of tribally controlled community colleges.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 · 97 Stat. 1335
Amended · 25 U.S.C. § 1808(a)
Pub. L. 98–192 amended subsec. (a) generally
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 98–192 substituting provision establishing a formula premised on Indian student count at each tribally controlled community college on which funding is to be based for provision which directing the Secretary to grant an amount equal to $4,000 for each full-time equivalent Indian student in attendance during the academic year to each tribally controlled community college having an application approved by the Secretary
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–192 amended subsec. (a) generally, substituting provision establishing a formula premised on Indian student count at each tribally controlled community college on which funding is to be based for provision which directing the Secretary to grant an amount equal to $4,000 for each full-time equivalent Indian student in attendance during the academic year to each tribally controlled community college having an application approved by the Secretary.Tribally Controlled Community College Assistance Amendments of 1986
Pub. L. 99–428 § 4 · 100 Stat. 982
Amended · 25 U.S.C. § 1808(a)(2)
Pub. L. 99–428 amended par. (2) generally. Prior to amendment, par. (2) read as follows:
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 99–428 amended par. (2) generally. Prior to amendment, par. (2) read as follows:“(A) $4,000 for fiscal year 1984, “(B) $5,025 for fiscal year 1985, “(C) $5,415 for fiscal year 1986, and “(D) $5,820 for fiscal year 1987,”.
Enacted provision · exact public law section
SEC. 4. OPERATION AND IMPROVEMENT GRANTS. Paragraph (2) of section 108(a) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1808(a)(2)) is amended to read as follows: “(2) $5,820,”.Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988
Pub. L. 100–297 title V § 5402(a) · 102 Stat. 130
Amended · 25 U.S.C. § 1808(b)
Pub. L. 100–297 designated existing provisions as par. (1)
Added · 25 U.S.C. § 1808(b)
Pub. L. 100–297 added pars. (2) to (4)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–297 designated existing provisions as par. (1) and added pars. (2) to (4).Pub. L. 100–427 § 24 · 102 Stat. 1603
Added · 25 U.S.C. § 1808(c)
Pub. L. 100–427 added subsec. (c) relating to construction of section
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–427 added subsec. (c) relating to construction of section.Enacted provision · exact public law section
SEC. 24. TRIBALLY CONTROLLED COMMUNITY COLLEGES. Section 108 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1808) is amended by adding at the end thereof the following: “(c) Nothing in this section shall be construed as interfering with, or suspending the obligation of the Bureau for, the implementation of all legislative provisions enacted prior to April 28, 1988, specifically including those of Public Law 98–192.”.Pub. L. 101–477 § 1(a)(1) · 104 Stat. 1152
Amended · 25 U.S.C. § 1808(a)(1)
Pub. L. 101–477, § 1(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the Indian student count at such college during such academic year, as determined by the Secretary in accordance with section 1801(a)(7) of this title; and”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 101–477, § 1(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the Indian student count at such college during such academic year, as determined by the Secretary in accordance with section 1801(a)(7) of this title; and”.Enacted provision · exact public law section
(1) Section 108(a)(1) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1808(a)) is amended to read as follows: “(1) the Indian student count at such college during the academic year preceding the academic year for which such funds are being made available, as determined by the Secretary in accordance with section 2(a)(7); and”.Pub. L. 101–477 § 1(a)(2) · 104 Stat. 1152
Amended · 25 U.S.C. § 1808(b)(1)
Pub. L. 101–477, § 1(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall make payments, pursuant to grants under this subchapter, 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.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 101–477, § 1(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall make payments, pursuant to grants under this subchapter, 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.”Enacted provision · exact public law section
(2) Section 108(b)(1) of such Act is amended to read as follows: “(1) The Secretary shall make payments, pursuant to grants under this Act, of not less than 95 percent of the funds available for allotment by October 15 or no later than 14 days after appropriations become available, with a payment equal to the remainder of any grant to which a grantee is entitled to be made no later than January 1 of each fiscal year.”.Pub. L. 101–477 § 1(a)(3) · 104 Stat. 1152
Redesignated · 25 U.S.C. § 1808(c); 25 U.S.C. § 1808(d)
Pub. L. 101–477, § 1(a)(3), redesignated subsec. (c), relating to construction of section, as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 101–477, § 1(a)(3), redesignated subsec. (c), relating to construction of section, as (d).Enacted provision · exact public law section
(3) The last subsection of section 108 of such Act, which is designated as subsection (c), is hereby designated as subsection (d).Higher Education Amendments of 1998
Pub. L. 105–244 § 901(a)(1) · 112 Stat. 1581
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 105–244, § 901(a)(1), (b)(5), (7), substituted “controlled college or university” for “controlled community college” in par. (2)
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 105–244, § 901(a)(1), (b)(5), (7), substituted “such college or university” for “such college” in par. (2)
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 105–244, § 901(a)(1), (b)(5), (7), substituted “$6,000” for “$5,820” in par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–244, § 901(a)(1), (b)(5), (7), substituted “controlled college or university” for “controlled community college” in introductory provisions, “such college or university” for “such college” in par. (1) and concluding provisions, and “$6,000” for “$5,820” in par. (2).Enacted provision · exact public law section
(1) Amount of grants.— Section 108(a)(2) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1808(a)(2)) is amended by striking “$5,820” and inserting “$6,000”.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. § 1808(b)(3); 25 U.S.C. § 1808(b)(4)
Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” wherever appearing
Source evidence
Code amendment note
Subsec. (b)(3), (4). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” wherever appearing.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)(6) · 112 Stat. 1581
Substituted · 25 U.S.C. § 1808(c)(2)
Pub. L. 105–244, § 901(b)(6), substituted “colleges or universities” for “community colleges”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 105–244, § 901(b)(6), substituted “colleges or universities” for “community colleges”.Enacted provision · exact public law section
(6) in sections 101, 102(a), 104(a)(1), 107(a), 108(c)(2),109(b)(1), 11l(a)(2), 112(a), 112(a)(2), 112(c)(2)(B), 301, 302(a), and 402(a) (25 U.S.C. 1802, 1803(a), 1804a(a)(1), 1807(a),1808(c)(2), 1809(b)(1), 1811(a)(2), 1812(a), 1812(a)(2), 1812(c)(2)(B), 1831, 1832(a), and 1851(a)), by striking “community colleges” each place the term appears and inserting “colleges 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 Opportunity Act
Pub. L. 110–315 title IX § 941(f) · 122 Stat. 3078
Inserted · 25 U.S.C. § 1808(a)
Pub. L. 110–315 inserted subsec. (a) and par. (1) headings
Amended · 25 U.S.C. § 1808(a)
Pub. L. 110–315 designated introductory provisions and pars. (1) and (2) as par. (1)
Redesignated · 25 U.S.C. § 1808(a)
Pub. L. 110–315 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), in introductory provisions
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 110–315 substituted “Except as provided in paragraph (2) and section 1811 of this title,” for “Except as provided in section 1811 of this title,” in subpar. (A)
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 110–315 substituted “approved by the Secretary” for “approved by him” in subpar. (A)
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 110–315 substituted “product obtained by multiplying” for “product of” in subpar. (A)
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 110–315 substituted “section 1801(a)(8) of this title” for “section 1801(a)(7) of this title”, in subpar. (B)
Substituted · 25 U.S.C. § 1808(a)
Pub. L. 110–315 substituted “$8,000, as adjusted annually for inflation.” for “$6,000,”
Added · 25 U.S.C. § 1808(a)
Pub. L. 110–315 added par. (2)
Struck · 25 U.S.C. § 1808(a)
Pub. L. 110–315 struck out former concluding provisions which read as follows: “except that no grant shall exceed the total cost of the education program provided by such college or university.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–315 inserted subsec. (a) and par. (1) headings, designated introductory provisions and pars. (1) and (2) as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), in introductory provisions, substituted “Except as provided in paragraph (2) and section 1811 of this title,” for “Except as provided in section 1811 of this title,”, “approved by the Secretary” for “approved by him”, and “product obtained by multiplying” for “product of”, in subpar. (A), substituted “section 1801(a)(8) of this title” for “section 1801(a)(7) of this title”, in subpar. (B), substituted “$8,000, as adjusted annually for inflation.” for “$6,000,”, added par. (2), and struck out former concluding provisions which read as follows: “except that no grant shall exceed the total cost of the education program provided by such college or university.”Enacted provision · exact public law section
(f) Amount of Grants.— Section 108(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1808(a)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (2) by striking “(a) Except as provided in section 111,” and inserting the following: “(a) Requirement.— “(1) In general.— Except as provided in paragraph (2) and section 111,” ; (3) in paragraph (1) (as redesignated by paragraphs (1) and (2))— (A) in the matter preceding subparagraph (A) (as redesignated by paragraph (1))— (i) by striking “him” and inserting “the Secretary”; and (ii) by striking “product of” and inserting “product obtained by multiplying”; (B) in subparagraph (A) (as redesignated by paragraph (1)), by striking “section 2(a)(7)” and inserting “section 2(a)(8)”; and (C) in subparagraph (B) (as redesignated by paragraph (1)), by striking “$6,000,” and inserting “$8,000, as adjusted annually for inflation.”; and (4) by striking “except that no grant shall exceed the total cost of the education program provided by such college or university.” and inserting the following: “(2) Exception.— The amount of a grant under paragraph (1) shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled college or university.” .
22 of 26 references resolved to an enrolled provision · 4 partial
Editorial Notes
References in Text
Public Law 98–192, referred to in subsec. (d), is Pub. L. 98–192, , 97 Stat. 1335, which enacted sections 1804a and 1831 to 1836 of this title, amended former section 640c–1 and sections 1801 to 1803 and 1805 to 1813 of this title, and enacted provisions set out as a note under section 1815 of this title. For complete classification of Pub. L. 98–192 to the Code, see Tables.
Amendments1982–2008 · 7 rounds
2008
Subsec. (a). Pub. L. 110–315 inserted subsec. (a) and par. (1) headings, designated introductory provisions and pars. (1) and (2) as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), in introductory provisions, substituted “Except as provided in paragraph (2) and section 1811 of this title,” for “Except as provided in section 1811 of this title,”, “approved by the Secretary” for “approved by him”, and “product obtained by multiplying” for “product of”, in subpar. (A), substituted “section 1801(a)(8) of this title” for “section 1801(a)(7) of this title”, in subpar. (B), substituted “$8,000, as adjusted annually for inflation.” for “$6,000,”, added par. (2), and struck out former concluding provisions which read as follows: “except that no grant shall exceed the total cost of the education program provided by such college or university.”
1998
Subsec. (a). Pub. L. 105–244, § 901(a)(1), (b)(5), (7), substituted “controlled college or university” for “controlled community college” in introductory provisions, “such college or university” for “such college” in par. (1) and concluding provisions, and “$6,000” for “$5,820” in par. (2).
Subsec. (b)(3), (4). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” wherever appearing.
Subsec. (c)(2). Pub. L. 105–244, § 901(b)(6), substituted “colleges or universities” for “community colleges”.
1990
Subsec. (a)(1). Pub. L. 101–477, § 1(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the Indian student count at such college during such academic year, as determined by the Secretary in accordance with section 1801(a)(7) of this title; and”.
Subsec. (b)(1). Pub. L. 101–477, § 1(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall make payments, pursuant to grants under this subchapter, 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.”
Subsecs. (c), (d). Pub. L. 101–477, § 1(a)(3), redesignated subsec. (c), relating to construction of section, as (d).
1988
Subsec. (b). Pub. L. 100–297 designated existing provisions as par. (1) and added pars. (2) to (4).
Subsec. (c). Pub. L. 100–427 added subsec. (c) relating to construction of section.
1986
Subsec. (a)(2). Pub. L. 99–428 amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(A) $4,000 for fiscal year 1984,
“(B) $5,025 for fiscal year 1985,
“(C) $5,415 for fiscal year 1986, and
“(D) $5,820 for fiscal year 1987,”.
1983
Subsec. (a). Pub. L. 98–192 amended subsec. (a) generally, substituting provision establishing a formula premised on Indian student count at each tribally controlled community college on which funding is to be based for provision which directing the Secretary to grant an amount equal to $4,000 for each full-time equivalent Indian student in attendance during the academic year to each tribally controlled community college having an application approved by the Secretary.
1982
Subsec. (c)(2). Pub. L. 97–375 struck out provision directing Secretary to report annually to Congress on needs of tribally controlled community colleges.
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.
Effective Date of 1988 Amendment
For effective date and applicability of amendment by Pub. L. 100–297, see section 6303 of Pub. L. 100–297, set out as a note under section 1071 of Title 20, Education.
Credits
1978–2008 · 9 acts
- 1978Pub. L. 95–471, title I, § 108, formerly § 107, , 92 Stat. 1327
- 1982Pub. L. 97–375, title I, § 108(c), , 96 Stat. 1820
- 1983renumbered § 108 and amended Pub. L. 98–192, §§ 4(a)(1), 7, , 97 Stat. 1336, 1337
- 1986Pub. L. 99–428, § 4, , 100 Stat. 983
- 1988Pub. L. 100–297, title V, § 5402(a), , 102 Stat. 415
- 1988Pub. L. 100–427, § 24, , 102 Stat. 1613
- 1990Pub. L. 101–477, § 1(a), , 104 Stat. 1152
- 1998Pub. L. 105–244, title IX, § 901(a)(1), (b)(5)–(7), , 112 Stat. 1827, 1828
- 2008Pub. L. 110–315, title IX, § 941(f), , 122 Stat. 3462.
Show as published
(Pub. L. 95–471, title I, § 108, formerly § 107, , 92 Stat. 1327; Pub. L. 97–375, title I, § 108(c), , 96 Stat. 1820; renumbered § 108 and amended Pub. L. 98–192, §§ 4(a)(1), 7, , 97 Stat. 1336, 1337; Pub. L. 99–428, § 4, , 100 Stat. 983; Pub. L. 100–297, title V, § 5402(a), , 102 Stat. 415; Pub. L. 100–427, § 24, , 102 Stat. 1613; Pub. L. 101–477, § 1(a), , 104 Stat. 1152; Pub. L. 105–244, title IX, § 901(a)(1), (b)(5)–(7), , 112 Stat. 1827, 1828; Pub. L. 110–315, title IX, § 941(f), , 122 Stat. 3462.)