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119th Congress

Title 25 — Indians

Chapter 20 — Tribally Controlled Colleges and Universities Assistance

§ 1813. Construction of new facilities

Statutory text

(a)

Grants

With respect to any tribally controlled college or university for which the report of the Secretary under section 1812(a) of this title identifies a need for new construction, the Secretary shall, subject to appropriations and on the basis of an application submitted in accordance with such requirements as the Secretary may prescribe by regulation, provide grants for such construction in accordance with this section.

(b)

Eligibility requirements

In order to be eligible for a grant under this section, a tribally controlled college or university—

(1)

must be a current recipient of grants under section 1805 or 1807 of this title, and

(2)

must be accredited by a nationally recognized accrediting agency listed by the Secretary of Education pursuant to the last sentence of section 1001 of title 20, except that such requirement may be waived if the Secretary determines that there is a reasonable expectation that such college or university will be fully accredited within eighteen months. In any case where such a waiver is granted, grants under this section shall be available only for planning and development of proposals for construction.

(c)

Maximum amount of grant; waiver of restriction

(1)

Except as provided in paragraph (2), grants for construction under this section shall not exceed 80 per centum of the cost of such construction, except that no tribally controlled college or university shall be required to expend more than $400,000 in fulfillment of the remaining 20 per centum. For the purpose of providing its required portion of the cost of such construction, a tribally controlled college or university may use funds provided under section 13 of this title.

(2)

The Secretary may waive, in whole or in part, the requirements of paragraph (1) in the case of any tribally controlled college or university which demonstrates that neither such college or university nor the tribal government with which it is affiliated have sufficient resources to comply with such requirements. The Secretary shall base a decision on whether to grant such a waiver solely on the basis of the following factors: (A) tribal population; (B) potential student population; (C) the rate of unemployment among tribal members; (D) tribal financial resources; and (E) other factors alleged by the college or university to have a bearing on the availability of resources for compliance with the requirements of paragraph (1) and which may include the educational attainment of tribal members.

(d)

Failure to use facility in approved manner; title to vest in United States; settlement

If, within twenty years after completion of construction of a facility which has been constructed in whole or in part with a grant made available under this section—

(1)

the facility ceases to be used by the applicant in a public or nonprofit capacity as an academic facility, unless the Secretary determines that there is good cause for releasing the institution from this obligation, and

(2)

the tribe with which the applicant is affiliated fails to use the facility for a public purpose approved by the tribal government in furtherance of the general welfare of the community served by the tribal government,

title to the facility shall vest in the United States and the applicant (or such tribe if such tribe is the successor in title to the facility) shall be entitled to recover from the United States an amount which bears the same ratio to the present value of the facility as the amount of the applicant’s contribution (excluding any funds provided under section 13 of this title) bore to the original cost of the facility. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is located.

(e)

Religious use

No construction assisted with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity.

(f)

“Construction” and “academic facilities” defined

For the purposes of this section—

(1)

the term “construction” includes reconstruction or renovation (as such terms are defined in the first sentence of subparagraph (B) of section 1132e–1(2) 1 of title 20); and

(2)

the term “academic facilities” has the meaning provided such term under section 1132e–1(1) 1 of title 20.

Footnotes

  1. 1 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 § 113 · 92 Stat. 1325

    Enacted · 25 U.S.C. § 1813

    Pub. L. 95–471, title I, § 113, formerly § 112, Oct. 17, 1978, 92 Stat. 1329

    Source evidence

    Code source credit
    Pub. L. 95–471, title I, § 113, formerly § 112, Oct. 17, 1978, 92 Stat. 1329

    Enacted provision · exact public law section
    Sec. 113. (a) The Navajo Tribe shall not be eligible to participate 25 USC 1814. under the provisions of this title. (b) (1) The Secretary shall not provide any funds to any institution which denies admission to any Indian student because such individual is not a member of a specific Indian tribe, or which denies admission to any Indian student because such individual is a member of a specific tribe. (2) The Secretary shall take steps to recover any unexpended and unobligated funds provided under this title held by an institution determined to be in violation of paragraph (1).

  2. Pub. L. 98–192 · 97 Stat. 1335

    1. Amended · 25 U.S.C. § 1813

      Pub. L. 98–192 amended section generally

    2. Substituted · 25 U.S.C. § 1813

      Pub. L. 98–192 substituting provision authorizing grants for construction of new facilities, establishing eligibility requirements for grants, maximum amounts of grants, waiver of amount restriction, results of failure to use facilities in an approved manner, and prohibition of religious use of such facilities, and defining “construction” and “academic facilities” for provision requiring Secretary of the Interior to conduct a detailed survey and study of academic facilities needs of tribally controlled community colleges and report to Congress not later than Nov. 1, 1979, the results of such survey and study

    Source evidence

    Code amendment note
    Pub. L. 98–192 amended section generally, substituting provision authorizing grants for construction of new facilities, establishing eligibility requirements for grants, maximum amounts of grants, waiver of amount restriction, results of failure to use facilities in an approved manner, and prohibition of religious use of such facilities, and defining “construction” and “academic facilities” for provision requiring Secretary of the Interior to conduct a detailed survey and study of academic facilities needs of tribally controlled community colleges and report to Congress not later than Nov. 1, 1979, the results of such survey and study.

  3. Tribally Controlled Community College Assistance Amendments of 1986

    Pub. L. 99–428 § 6(b) · 100 Stat. 982

    Substituted · 25 U.S.C. § 1813(a)

    Pub. L. 99–428 substituted “Secretary under” for “Administrator of General Services under”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–428 substituted “Secretary under” for “Administrator of General Services under”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 113(a) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1813(a)) is amended by striking out “Administrator of General Services” and inserting in lieu thereof “Secretary”.

  4. Higher Education Amendments of 1998

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

    Substituted · 25 U.S.C. § 1813(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). 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.

  5. Higher Education Amendments of 1998

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

    Substituted · 25 U.S.C. § 1813(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” in introductory provisions.

    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. An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

    Pub. L. 105–244 title I § 102(a)(8)(C) · 112 Stat. 1581

    1. Substituted · 25 U.S.C. § 1813(b)(2)

      Pub. L. 105–244, §§ 102(a)(8)(C), 901(b)(7), substituted “section 1001” for “section 1141(a)”

    2. Substituted · 25 U.S.C. § 1813(b)(2)

      Pub. L. 105–244, §§ 102(a)(8)(C), 901(b)(7), substituted “such college or university” for “such college”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–244, §§ 102(a)(8)(C), 901(b)(7), substituted “section 1001” for “section 1141(a)” and “such college or university” for “such college”.

    Enacted provision · exact public law section
    (C) Construction of new facilities.— Section 113(b)(2) of the Tribally Controlled Community College Assistance Act (25 U.S.C. 1813(b)(2)) is amended— (i) by striking “1201(a)” and inserting “101”; and (ii) by striking “(20 U.S.C. 1141(a))”.

    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. § 1813(c)(1)

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

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community 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.

  8. Higher Education Amendments of 1998

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

    1. Substituted · 25 U.S.C. § 1813(c)(2)

      Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted “controlled college or university” for “controlled community college” and, in subpar. (E)

    2. Substituted · 25 U.S.C. § 1813(c)(2)

      Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted “such college or university” for “such college” and, in subpar. (E)

    3. Substituted · 25 U.S.C. § 1813(c)(2)

      Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted “the college or university” for “the college”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted “controlled college or university” for “controlled community college” and “such college or university” for “such college” and, in subpar. (E), substituted “the college or university” for “the 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 12 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

Section 1132e–1 of title 20, referred to in subsec. (f), was omitted in the general revision of subchapter VII (§ 1132a et seq.) of chapter 28 of Title 20, Education, by Pub. L. 99–498, title VII, § 701, , 100 Stat. 1520.

Amendments1983–1998 · 3 rounds

1998

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

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

Subsec. (b)(2). Pub. L. 105–244, §§ 102(a)(8)(C), 901(b)(7), substituted “section 1001” for “section 1141(a)” and “such college or university” for “such college”.

Subsec. (c)(1). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” in two places.

Subsec. (c)(2). Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted “controlled college or university” for “controlled community college” and “such college or university” for “such college” and, in subpar. (E), substituted “the college or university” for “the college”.

1986

Subsec. (a). Pub. L. 99–428 substituted “Secretary under” for “Administrator of General Services under”.

1983

Pub. L. 98–192 amended section generally, substituting provision authorizing grants for construction of new facilities, establishing eligibility requirements for grants, maximum amounts of grants, waiver of amount restriction, results of failure to use facilities in an approved manner, and prohibition of religious use of such facilities, and defining “construction” and “academic facilities” for provision requiring Secretary of the Interior to conduct a detailed survey and study of academic facilities needs of tribally controlled community colleges and report to Congress not later than , the results of such survey and study.

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
  1. 1978Pub. L. 95–471, title I, § 113, formerly § 112, , 92 Stat. 1329
  2. 1983renumbered § 113 and amended Pub. L. 98–192, §§ 4(a)(1), 12, , 97 Stat. 1336, 1340
  3. 1986Pub. L. 99–428, § 6(b), , 100 Stat. 983
  4. 1998Pub. L. 105–244, title I, § 102(a)(8)(C), title IX, § 901(b)(5), (7), (12), , 112 Stat. 1619, 1828.
Show as published

(Pub. L. 95–471, title I, § 113, formerly § 112, , 92 Stat. 1329; renumbered § 113 and amended Pub. L. 98–192, §§ 4(a)(1), 12, , 97 Stat. 1336, 1340; Pub. L. 99–428, § 6(b), , 100 Stat. 983; Pub. L. 105–244, title I, § 102(a)(8)(C), title IX, § 901(b)(5), (7), (12), , 112 Stat. 1619, 1828.)

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