§ 1811. Grant adjustments

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. 1978

   Pub. L. 95–471 title I § 111 · 92 Stat. 1325

   Enacted · 25 U.S.C. § 1811

   Pub. L. 95–471, title I, § 111, formerly § 110, Oct. 17, 1978, 92 Stat. 1328

   Source evidence

   Code source credit
   Pub. L. 95–471, title I, § 111, formerly § 110, Oct. 17, 1978, 92 Stat. 1328

   Enacted provision · exact public law section
   Sec. 111. The Secretary shall, not later than ninety days after the Report to Congress. 25 USC 1812. date of enactment of this Act, prepare and submit a report to the Congress containing a survey of existing and planned physical facilities of tribally controlled community colleges, including in his report a survey of Bureau of Indian Affairs existing and planned facilities which may be used for tribally controlled community colleges without disruption of current Bureau programs.

2. 1983

   Pub. L. 98–192 § 10 · 97 Stat. 1335

   1. Amended · 25 U.S.C. § 1811(a)

      Pub. L. 98–192, § 10, amended subsec. (a) generally

   2. Substituted · 25 U.S.C. § 1811(a)

      Pub. L. 98–192, § 10, substituting provision establishing a formula to be used to determine funding between existing and newly eligible schools when funds appropriated are not sufficient to pay in full the total amount which approved applicants are eligible to receive under section 1807 of this title for provision that if funds were insufficient to pay in full the total amounts which approved grant applicants were eligible to receive, the available funds would be ratably decreased and if funds later became available or there were excess funds, such funds would be ratably increased

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–192, § 10, amended subsec. (a) generally, substituting provision establishing a formula to be used to determine funding between existing and newly eligible schools when funds appropriated are not sufficient to pay in full the total amount which approved applicants are eligible to receive under section 1807 of this title for provision that if funds were insufficient to pay in full the total amounts which approved grant applicants were eligible to receive, the available funds would be ratably decreased and if funds later became available or there were excess funds, such funds would be ratably increased.

   Enacted provision · exact public law section
   Sec. 10. 25 USC 1811. Section 111 of the Act (as redesignated by section 4(a)(1) of this Act) is amended by redesignating subsection (b) as subsection (c) and by striking out subsection (a) and inserting in lieu thereof the following: “Sec. 111. (a) (1) If the sums appropriated for Supra. Ante, p. 1337. any fiscal year pursuant to section 110(a)(2) for grants under section 107 are not sufficient to pay in full the total amount which approved applicants are eligible to receive under such section for such fiscal year— “(A) the Secretary shall first allocate to each such applicant which received funds under section 107 for the preceding fiscal year an amount equal to 95 per centum of the product of— “(i) the per capita payment for the preceding fiscal year; and “(ii) such applicant’s Indian student count for the current fiscal year; “(B) the Secretary shall next allocate to applicants who did not receive funds under such section for the preceding fiscal year an amount equal to 100 per centum of the product of— “(i) the per capita payment for the preceding fiscal year; and “(ii) the applicant’s Indian student count for the current fiscal year; in the order in which such applicants have qualified for assistance in accordance with such section so that no amount shall be allocated to a later qualified applicant until each earlier qualified applicant is allocated an amount equal to such product; and “(C) if additional funds remain after making the allocations required by subparagraphs (A) and (B), the Secretary shall allocate such funds by— “(i) ratably increasing the amounts of the grants determined under subparagraph (A) until such grants are equal to 100 per centum of the product described in such subparagraph; and “(ii) then ratably increasing the amounts of both (I) the grants determined under subparagraph (A), as increased under clause (i) of this subparagraph, and (II) the grants determined under subparagraph (B). “(2) For purposes of paragraph (1) of this subsection, “Per capita payment.” the term ‘per capita payment' for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled community colleges under section 107 for such fiscal year Ante, p. 1337. by the sum of the Indian student counts of such colleges for such fiscal year. The Secretary shall, on the basis of the most satisfactory data available, compute the Indian student count for any fiscal year for which such count was not used for the purpose of making allocations under this title. “(b) (1) If the sums appropriated for any fiscal year for grants under section 107 are not sufficient to pay in full the total amount of the grants determined pursuant to subsection (a)(1)(A), the amount which applicants described in such subsection are eligible to receive under section 107 for such fiscal year shall be ratably reduced. “(2) If any additional funds become available for making payments under section 107 for any fiscal year to which subsection (a) or paragraph (1) of this subsection applies, such additional amounts shall be allocated by first increasing grants reduced under paragraph (1) of this subsection on the same basis as they were reduced and by then allocating the remainder in accordance with subsection (a). Sums appropriated in excess of the amount necessary to pay in full the total amounts for which applicants are eligible under section 107 shall be allocated by ratably increasing such total amounts. “(3) References in this subsection and subsection (a) to section 107 shall, with respect to fiscal year 1983, be deemed to refer to Ante, p. 1337. section 106 as in effect at the beginning of such fiscal year.”.

3. 1983

   Pub. L. 98–192 § 10 · 97 Stat. 1335

   1. Added · 25 U.S.C. § 1811(b); 25 U.S.C. § 1811(c)

      Pub. L. 98–192, § 10, added subsec. (b)

   2. Redesignated · 25 U.S.C. § 1811(b); 25 U.S.C. § 1811(c)

      Pub. L. 98–192, § 10, redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 98–192, § 10, added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   Sec. 10. 25 USC 1811. Section 111 of the Act (as redesignated by section 4(a)(1) of this Act) is amended by redesignating subsection (b) as subsection (c) and by striking out subsection (a) and inserting in lieu thereof the following: “Sec. 111. (a) (1) If the sums appropriated for Supra. Ante, p. 1337. any fiscal year pursuant to section 110(a)(2) for grants under section 107 are not sufficient to pay in full the total amount which approved applicants are eligible to receive under such section for such fiscal year— “(A) the Secretary shall first allocate to each such applicant which received funds under section 107 for the preceding fiscal year an amount equal to 95 per centum of the product of— “(i) the per capita payment for the preceding fiscal year; and “(ii) such applicant’s Indian student count for the current fiscal year; “(B) the Secretary shall next allocate to applicants who did not receive funds under such section for the preceding fiscal year an amount equal to 100 per centum of the product of— “(i) the per capita payment for the preceding fiscal year; and “(ii) the applicant’s Indian student count for the current fiscal year; in the order in which such applicants have qualified for assistance in accordance with such section so that no amount shall be allocated to a later qualified applicant until each earlier qualified applicant is allocated an amount equal to such product; and “(C) if additional funds remain after making the allocations required by subparagraphs (A) and (B), the Secretary shall allocate such funds by— “(i) ratably increasing the amounts of the grants determined under subparagraph (A) until such grants are equal to 100 per centum of the product described in such subparagraph; and “(ii) then ratably increasing the amounts of both (I) the grants determined under subparagraph (A), as increased under clause (i) of this subparagraph, and (II) the grants determined under subparagraph (B). “(2) For purposes of paragraph (1) of this subsection, “Per capita payment.” the term ‘per capita payment' for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled community colleges under section 107 for such fiscal year Ante, p. 1337. by the sum of the Indian student counts of such colleges for such fiscal year. The Secretary shall, on the basis of the most satisfactory data available, compute the Indian student count for any fiscal year for which such count was not used for the purpose of making allocations under this title. “(b) (1) If the sums appropriated for any fiscal year for grants under section 107 are not sufficient to pay in full the total amount of the grants determined pursuant to subsection (a)(1)(A), the amount which applicants described in such subsection are eligible to receive under section 107 for such fiscal year shall be ratably reduced. “(2) If any additional funds become available for making payments under section 107 for any fiscal year to which subsection (a) or paragraph (1) of this subsection applies, such additional amounts shall be allocated by first increasing grants reduced under paragraph (1) of this subsection on the same basis as they were reduced and by then allocating the remainder in accordance with subsection (a). Sums appropriated in excess of the amount necessary to pay in full the total amounts for which applicants are eligible under section 107 shall be allocated by ratably increasing such total amounts. “(3) References in this subsection and subsection (a) to section 107 shall, with respect to fiscal year 1983, be deemed to refer to Ante, p. 1337. section 106 as in effect at the beginning of such fiscal year.”.

4. 1983

   Pub. L. 98–192 § 4(b)(3) · 97 Stat. 1335

   Changed · 25 U.S.C. § 1811(b); 25 U.S.C. § 1811(c)

   Pub. L. 98–192, § 4(b)(3), made a technical amendment to reference to section 1807 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)(3), made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section.

   Enacted provision · exact public law section
   (3) 25 USC 1811. by striking out “section 106(a)” in section 111 (as so redesignated) and inserting in lieu thereof “section 107(a)”.

5. 1990

   Pub. L. 101–477 § 1(c)(1) · 104 Stat. 1152

   Amended · 25 U.S.C. § 1811(a)(1)(A)

   Pub. L. 101–477, § 1(c)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Secretary shall first allocate to each such applicant which received funds under section 1807 of this title for the preceding fiscal year an amount equal to 95 per centum of the product of—

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 101–477, § 1(c)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Secretary shall first allocate to each such applicant which received funds under section 1807 of this title for the preceding fiscal year an amount equal to 95 per centum of the product of—

   “(i) the per capita payment for the preceding fiscal year; and “(ii) such applicant’s Indian student count for the current fiscal year;”.

   Enacted provision · exact public law section
   (1) Section 111(a)(1)(A) of such Act is amended to read as follows: “(A) the Secretary shall first allocate to each such applicant which received funds under section 107 for the preceding fiscal year an amount equal to 95 percent of the payment received by such applicant under section 108;”.

6. 1990

   Pub. L. 101–477 § 1(c)(2) · 104 Stat. 1152

   Amended · 25 U.S.C. § 1811(a)(1)(B)(ii)

   Pub. L. 101–477, § 1(c)(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the applicant’s Indian student count for the current fiscal year;”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B)(ii). Pub. L. 101–477, § 1(c)(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the applicant’s Indian student count for the current fiscal year;”.

   Enacted provision · exact public law section
   (2) Section 111(a)(1)(B)(ii) of such Act is amended to read as follows: “(ii) the applicant’s projected Indian student count for the academic year for which payment is being made;”.

7. 1998

   Higher Education Amendments of 1998

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

   1. Substituted · 25 U.S.C. § 1811(a)(2)

      Pub. L. 105–244 substituted “controlled colleges or universities” for “controlled community colleges”

   2. Substituted · 25 U.S.C. § 1811(a)(2)

      Pub. L. 105–244 substituted “such colleges or universities” for “such colleges”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 105–244 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.

10 of 10 references resolved to an enrolled provision