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Title 25 — Indians

Chapter 20 — Tribally Controlled Colleges and Universities Assistance

§ 1809. Effect on other programs

Statutory text

(a)

Eligibility for assistance

Except as specifically provided in this subchapter, eligibility for assistance under this subchapter shall not, by itself, preclude the eligibility of any tribally controlled college or university to receive Federal financial assistance under any program authorized under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.

(b)

Allocations from Bureau of Indian Affairs

(1)

The amount of any grant for which tribally controlled colleges or universities are eligible under section 1808 of this title shall not be altered because of funds allocated to any such colleges or universities from funds appropriated under section 13 of this title.

(2)

No tribally controlled college or university shall be denied funds appropriated under section 13 of this title because of the funds it receives under this chapter.

(3)

No tribally controlled college or university for which a tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under section 13 of this title may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.

(c)

 2 Assistance deemed to be basic educational opportunity grant

For the purposes of sections 312(2)(A)(i) and 322(a)(2)(A)(i) of the Higher Education Act of 1965 [20 U.S.C. 1058(2)(A)(i), 1061(a)(2)(A)(i)],3 any Indian student who receives a student assistance grant from the Bureau of Indian Affairs for postsecondary education shall be deemed to have received such assistance under subpart 1 of part A of title IV of such Act [20 U.S.C. 1070a et seq.].

(c)

 2 Treatment of funds under certain Federal laws

Notwithstanding any other provision of law, funds provided under this subchapter to the tribally controlled college or university may be treated as non-Federal, private funds of the college or university for purposes of any provision of Federal law which requires that non-Federal or private funds of the college or university be used in a project or for a specific purpose.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Two subsecs. (c) have been enacted.
  3. 3 See References in Text note below.

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 § 109 · 92 Stat. 1325

    Enacted · 25 U.S.C. § 1809

    Pub. L. 95–471, title I, § 109, formerly § 108, Oct. 17, 1978, 92 Stat. 1328

    Source evidence

    Code source credit
    Pub. L. 95–471, title I, § 109, formerly § 108, Oct. 17, 1978, 92 Stat. 1328

    Enacted provision · exact public law section
    Sec. 109. (a) (1) There are authorized to be appropriated, for carrying 25 USC 1810. out section 106, $25,000,000 for each of the fiscal years beginning October 1, 1979, and October 1, 1980, and $30,000,000 for the fiscal year beginning October 1, 1981. (2) There are authorized to be appropriated $3,200,000 for each of such three fiscal years, for the provision of technical assistance pursuant to section 104. (b) Unless otherwise provided in appropriations Acts, funds appropriated pursuant to this section shall remain available until expended. (c) Nothing in this title shall be deemed to authorize appropriations for the fiscal year beginning October 1, 1978.

  2. Pub. L. 98–192 § 8 · 97 Stat. 1335

    1. Amended · 25 U.S.C. § 1809

      Pub. L. 98–192, § 8, designated existing provision as subsec. (a)

    2. Added · 25 U.S.C. § 1809

      Pub. L. 98–192, § 8, added subsecs. (b) and (c)

    Source evidence

    Code amendment note
    Pub. L. 98–192, § 8, designated existing provision as subsec. (a) and added subsecs. (b) and (c).

    Enacted provision · exact public law section
    Sec. 8. Section 109 of the Act (as redesignated by section 25 USC 1809. 4(a)(1) of this Act) is amended— (1) by inserting “(a)” immediately after the section designation; and (2) by adding at the end thereof the following new subsections: “(b) (1) The amount of any grant for Supra. which tribally controlled community colleges are eligible under section 108 shall not be altered because of funds allocated to any such colleges from funds appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13). “(2) No tribally controlled Funds, denial. community college shall be denied funds appropriated under such Act of November 2, 1921, because of the funds it receives under this Act. “(c) For the purposes of sections 312(2)(A)(i) and 322(a)(2)(A)(i) of the Higher Education Act of 1965, any Indian student who receives a student assistance grant from the Bureau of Indian Affairs for postsecondary education shall be deemed to have 20 USC 1070. received such assistance under subpart 1 of part A of title IV of such Act.”.

  3. Tribally Controlled Community College Assistance Amendments of 1986

    Pub. L. 99–428 § 5 · 100 Stat. 982

    Added · 25 U.S.C. § 1809(b)(3)

    Pub. L. 99–428 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 99–428 added par. (3).

    Enacted provision · exact public law section
    SEC. 5. CONTRACTS UNDER INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT. Subsection (b) of section 109 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1809(b)) is amended by adding at the end thereof the following new paragraph: “(3) No tribally controlled community college for which a tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13) may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.”.

  4. Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988

    Pub. L. 100–297 title V § 5403(a) · 102 Stat. 130

    Added · 25 U.S.C. § 1809(d)

    Pub. L. 100–297 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–297 added subsec. (d).

    Enacted provision · exact public law section
    (a) Tribally Controlled Community Colleges.— Section 109 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1809) is amended by adding at the end thereof the following new subsection: “(d) Notwithstanding any other provision of law, funds provided under this title to the tribally controlled community college may be treated as non-Federal, private funds of the college for purposes of any provision of Federal law which requires that non-Federal or private funds of the college be used in a project or for a specific purpose.”,

  5. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(10) · 112 Stat. 1581

    Inserted · 25 U.S.C. § 1809(a)

    Pub. L. 105–244, § 901(b)(10), inserted “or university” after “tribally controlled college”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–244, § 901(b)(10), inserted “or university” after “tribally controlled college”.

    Enacted provision · exact public law section
    (10) in section 109(a) (25 U.S.C. 1809(a)), by inserting “or university” after “tribally controlled college”;

    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. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(6) · 112 Stat. 1581

    1. Substituted · 25 U.S.C. § 1809(b)(1)

      Pub. L. 105–244, § 901(b)(6), (8), substituted “controlled colleges or universities” for “controlled community colleges”

    2. Substituted · 25 U.S.C. § 1809(b)(1)

      Pub. L. 105–244, § 901(b)(6), (8), substituted “such colleges or universities” for “such colleges”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–244, § 901(b)(6), (8), substituted “controlled colleges or universities” for “controlled community colleges” and “such colleges or universities” for “such 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.

  7. Higher Education Amendments of 1998

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

    Substituted · 25 U.S.C. § 1809(b)(2); 25 U.S.C. § 1809(b)(3)

    Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”

    Source evidence

    Code amendment note
    Subsec. (b)(2), (3). 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.

  8. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(e) · 112 Stat. 1581

    Redesignated · 25 U.S.C. § 1809(c)

    Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c).

    Enacted provision · exact public law section
    (e) Clerical Amendment.— Section 109 of the Tribally Controlled Colleges or University Act of 1978 (as renamed by subsection (b)(1)) (25 U.S.C. 1809) is amended by redesignating subsection (d) as subsection (c).

    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.

  9. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(e) · 112 Stat. 1581

    Redesignated · 25 U.S.C. § 1809(d)

    Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c).

    Enacted provision · exact public law section
    (e) Clerical Amendment.— Section 109 of the Tribally Controlled Colleges or University Act of 1978 (as renamed by subsection (b)(1)) (25 U.S.C. 1809) is amended by redesignating subsection (d) as subsection (c).

    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. Higher Education Amendments of 1998

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

    1. Substituted · 25 U.S.C. § 1809(d)

      Pub. L. 105–244, § 901(b)(5), (12), substituted “controlled college or university” for “controlled community college”

    2. Substituted · 25 U.S.C. § 1809(d)

      Pub. L. 105–244, § 901(b)(5), (12), substituted “the college or university” for “the college” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 901(b)(5), (12), substituted “controlled college or university” for “controlled community college” and substituted “the college or university” for “the 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.

13 of 13 references resolved to an enrolled provision

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsecs. (a) and (c), is Pub. L. 89–329, , 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. Sections 312 and 322 of the Act, which were classified to sections 1058 and 1061, respectively, of Title 20, were omitted in the general revision of title III of the Higher Education Act of 1965 by Pub. L. 99–498, title III, § 301(a), , 100 Stat. 1290, which enacted new sections 312 and 322 which are classified to sections 1058 and 1061, respectively, of Title 20. Subpart 1 of part A of title IV of the Higher Education Act of 1965 is classified generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20. For complete classification of the Higher Education Act of 1965 to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (b)(3), is Pub. L. 93–638, , 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Amendments1983–1998 · 4 rounds

1998

Subsec. (a). Pub. L. 105–244, § 901(b)(10), inserted “or university” after “tribally controlled college”.

Subsec. (b)(1). Pub. L. 105–244, § 901(b)(6), (8), substituted “controlled colleges or universities” for “controlled community colleges” and “such colleges or universities” for “such colleges”.

Subsec. (b)(2), (3). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

Subsec. (c). Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c).

Subsec. (d). Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c).

Pub. L. 105–244, § 901(b)(5), (12), substituted “controlled college or university” for “controlled community college” and substituted “the college or university” for “the college” in two places.

1988

Subsec. (d). Pub. L. 100–297 added subsec. (d).

1986

Subsec. (b)(3). Pub. L. 99–428 added par. (3).

1983

Pub. L. 98–192, § 8, designated existing provision as subsec. (a) and added subsecs. (b) and (c).

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

1978–1998 · 5 acts
  1. 1978Pub. L. 95–471, title I, § 109, formerly § 108, , 92 Stat. 1328
  2. 1983renumbered § 109 and amended Pub. L. 98–192, §§ 4(a)(1), 8, , 97 Stat. 1336, 1337
  3. 1986Pub. L. 99–428, § 5, , 100 Stat. 983
  4. 1988Pub. L. 100–297, title V, § 5403(a), , 102 Stat. 416
  5. 1998Pub. L. 105–244, title IX, § 901(b)(5), (6), (8), (10), (12), (e), , 112 Stat. 1828, 1829.
Show as published

(Pub. L. 95–471, title I, § 109, formerly § 108, , 92 Stat. 1328; renumbered § 109 and amended Pub. L. 98–192, §§ 4(a)(1), 8, , 97 Stat. 1336, 1337; Pub. L. 99–428, § 5, , 100 Stat. 983; Pub. L. 100–297, title V, § 5403(a), , 102 Stat. 416; Pub. L. 105–244, title IX, § 901(b)(5), (6), (8), (10), (12), (e), , 112 Stat. 1828, 1829.)

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