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119th Congress

Title 25 — Indians

Chapter 20 — Tribally Controlled Colleges and Universities Assistance

§ 1832. Establishment of program; program agreements

Statutory text

(a)

From the amount appropriated pursuant to section 1836 of this title, the Secretary shall establish a program of making endowment grants to tribally controlled colleges or universities which are current recipients of assistance under section 1807 of this title or under section 3 of the Navajo Community College Act. No such college or university shall be ineligible for such a grant for a fiscal year by reason of the receipt of such a grant for a preceding fiscal year, but no such college or university shall be eligible for such a grant for a fiscal year if such college or university has been awarded a grant under section 1065 of title 20 for such fiscal year.

(b)

No grant for the establishment of an endowment fund by a tribally controlled college or university shall be made unless such college or university enters into an agreement with the Secretary which—

(1)

provides for the investment and maintenance of a trust fund, the corpus and earnings of which shall be invested in the same manner as funds are invested under paragraph (2) of section 1065(c) of title 20, except that for purposes of this paragraph, the term “trust fund” means a fund established by an institution of higher education or by a foundation that is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, and may include real estate;

(2)

provides for the deposit in such trust fund of—

(A)

any Federal capital contributions made from funds appropriated under section 1836 of this title;

(B)

a capital contribution by such college or university in an amount (or of a value) equal to half of the amount of each Federal capital contribution; and

(C)

any earnings of the funds so deposited;

(3)

provides that such funds will be deposited in such a manner as to insure the accumulation of interest thereon at a rate not less than that generally available for similar funds deposited at the banking or savings institution for the same period or periods of time;

(4)

provides that, if at any time such college or university withdraws any capital contribution made by that college or university, an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal shall be withdrawn and returned to the Secretary for reallocation to other colleges or universities;

(5)

provides that no part of the net earnings of such trust fund will inure to the benefit of any private person; and

(6)

includes such other provisions as may be necessary to protect the financial interest of the United States and promote the purpose of this subchapter and as are agreed to by the Secretary and the college or university, including a description of recordkeeping procedures for the expenditure of accumulated interest which will allow the Secretary to audit and monitor programs and activities conducted with such interest.

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 III § 302 · 92 Stat. 1325

    Enacted · 25 U.S.C. § 1832

    Pub. L. 95–471, title III, § 302, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1341

    Source evidence

    Code source credit
    Pub. L. 95–471, title III, § 302, as added Pub. L. 98–192, § 13, Dec. 1, 1983, 97 Stat. 1341

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

    Substituted · 25 U.S.C. § 1832(b)(2)(B)

    Pub. L. 101–477, § 1(d)(1)(A), substituted “(or of a value) equal to half of” for “equal to”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 101–477, § 1(d)(1)(A), substituted “(or of a value) equal to half of” for “equal to”.

    Enacted provision · exact public law section
    (A) by striking out “equal to” in section 302(b)(2)(B) and inserting in lieu thereof “(or of a value) equal to half of’,

  3. Pub. L. 101–477 § 1(d)(1)(B) · 104 Stat. 1152

    Substituted · 25 U.S.C. § 1832(b)(4)

    Pub. L. 101–477, § 1(d)(1)(B), substituted “an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal” for “an equal amount of Federal capital contribution”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 101–477, § 1(d)(1)(B), substituted “an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal” for “an equal amount of Federal capital contribution”.

    Enacted provision · exact public law section
    (B) by striking out “an equal amount of Federal capital contribution” in section 302(b)(4) and inserting in lieu thereof “an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal”,

  4. Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 383(1) · 108 Stat. 3518

    Substituted · 25 U.S.C. § 1832(a)

    Pub. L. 103–382, § 383(1), substituted “section 1065 of title 20” for “section 1065a of title 20”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–382, § 383(1), substituted “section 1065 of title 20” for “section 1065a of title 20”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “section 333” and inserting in lieu thereof “section 331”; and

  5. Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 383(2)(A) · 108 Stat. 3518

    Amended · 25 U.S.C. § 1832(b)(1)

    Pub. L. 103–382, § 383(2)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provides for the establishment and maintenance of a trust fund at a federally insured banking or savings institution;”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–382, § 383(2)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provides for the establishment and maintenance of a trust fund at a federally insured banking or savings institution;”.

    Enacted provision · exact public law section
    (A) by amending paragraph (1) to read as follows: “(1) provides for the investment and maintenance of a trust fund, the corpus and earnings of which shall be invested in the same manner as funds are invested under paragraph (2) of section 331(c) of the Higher Education Act of 1965, except that for purposes of this paragraph, the term ‘trust fund’ means a fund established by an institution of higher education or by a foundation that is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, and may include real estate;”; and

  6. Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 383(2)(B) · 108 Stat. 3518

    Struck · 25 U.S.C. § 1832(b)(3)

    Pub. L. 103–382, § 383(2)(B), struck out “same” before “banking or savings institution”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 103–382, § 383(2)(B), struck out “same” before “banking or savings institution”.

    Enacted provision · exact public law section
    (B) in paragraph (3) by striking “same” the first time such term appears.

  7. Higher Education Amendments of 1998

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

    1. Substituted · 25 U.S.C. § 1832(a)

      Pub. L. 105–244, § 901(b)(6), (7), substituted “colleges or universities” for “community colleges”

    2. Substituted · 25 U.S.C. § 1832(a)

      Pub. L. 105–244, § 901(b)(6), (7), substituted “such college or university” for “such college” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–244, § 901(b)(6), (7), substituted “colleges or universities” for “community colleges” and substituted “such college or university” for “such college” wherever appearing.

    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.

  8. Higher Education Amendments of 1998

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

    1. Substituted · 25 U.S.C. § 1832(b)

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

    2. Substituted · 25 U.S.C. § 1832(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–244, § 901(b)(5), (7), in introductory provisions, substituted “controlled college or university” for “controlled community college” and “such college or university” for “such 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.

  9. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(7) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1832(b)(2)(B)

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

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 105–244, § 901(b)(7), substituted “such college or university” for “such college”.

    Enacted provision · exact public law section
    (7) in sections 108(a)(1), 108(a), 113(b)(2), 113(c)(2), 302(a),302(b), 302(b)(2)(B), 302(b)(4), 303, 304, 305(a), and 305(b) (25U.S.C. 1808(a)(1), 1808(a), 1813(b)(2), 1813(c)(2), 1832(a),1832(b), 1832(b)(2)(B), 1832(b)(4), 1833, 1834, 1835(a), and1835(b)), by striking “such college” each place the term appears and inserting “such 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. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(7) · 112 Stat. 1581

    1. Substituted · 25 U.S.C. § 1832(b)(4)

      Pub. L. 105–244, § 901(b)(7), (14), (15), substituted “such college or university” for “such college”

    2. Substituted · 25 U.S.C. § 1832(b)(4)

      Pub. L. 105–244, § 901(b)(7), (14), (15), substituted “that college or university” for “that college”

    3. Substituted · 25 U.S.C. § 1832(b)(4)

      Pub. L. 105–244, § 901(b)(7), (14), (15), substituted “other colleges or universities” for “other colleges”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 105–244, § 901(b)(7), (14), (15), substituted “such college or university” for “such college”, “that college or university” for “that college”, and “other colleges or universities” for “other colleges”.

    Enacted provision · exact public law section
    (7) in sections 108(a)(1), 108(a), 113(b)(2), 113(c)(2), 302(a),302(b), 302(b)(2)(B), 302(b)(4), 303, 304, 305(a), and 305(b) (25U.S.C. 1808(a)(1), 1808(a), 1813(b)(2), 1813(c)(2), 1832(a),1832(b), 1832(b)(2)(B), 1832(b)(4), 1833, 1834, 1835(a), and1835(b)), by striking “such college” each place the term appears and inserting “such 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.

  11. Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(12) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1832(b)(6)

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

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 105–244, § 901(b)(12), substituted “the college or university” for “the college”.

    Enacted provision · exact public law section
    (12) in sections 102(b), 109(d), 113(c)(2)(E), 302(b)(6), and 305(a) (25 U.S.C. 1803(b), 1809(d), 1813(c)(2)(E), 1832(b)(6), and 1835(a)), by striking “the college” and inserting “the 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.

14 of 15 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 3 of the Navajo Community College Act, referred to in subsec. (a), is section 3 of Pub. L. 92–189, , 85 Stat. 646, which was classified to section 640b of this title and was omitted from the Code as being of special and not general application.

Amendments1990–1998 · 3 rounds

1998

Subsec. (a). Pub. L. 105–244, § 901(b)(6), (7), substituted “colleges or universities” for “community colleges” and substituted “such college or university” for “such college” wherever appearing.

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

Subsec. (b)(2)(B). Pub. L. 105–244, § 901(b)(7), substituted “such college or university” for “such college”.

Subsec. (b)(4). Pub. L. 105–244, § 901(b)(7), (14), (15), substituted “such college or university” for “such college”, “that college or university” for “that college”, and “other colleges or universities” for “other colleges”.

Subsec. (b)(6). Pub. L. 105–244, § 901(b)(12), substituted “the college or university” for “the college”.

1994

Subsec. (a). Pub. L. 103–382, § 383(1), substituted “section 1065 of title 20” for “section 1065a of title 20”.

Subsec. (b)(1). Pub. L. 103–382, § 383(2)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provides for the establishment and maintenance of a trust fund at a federally insured banking or savings institution;”.

Subsec. (b)(3). Pub. L. 103–382, § 383(2)(B), struck out “same” before “banking or savings institution”.

1990

Subsec. (b)(2)(B). Pub. L. 101–477, § 1(d)(1)(A), substituted “(or of a value) equal to half of” for “equal to”.

Subsec. (b)(4). Pub. L. 101–477, § 1(d)(1)(B), substituted “an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal” for “an equal amount of Federal capital contribution”.

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 1990 Amendment

Pub. L. 101–477, § 1(d)(2), , 104 Stat. 1153, provided that: “The amendments made by paragraphs (A) through (E) of subsection (a) [probably means subpars. (A) to (E) of subsec. (d)(1), amending this section and sections 1834 and 1835 of this title] shall take effect .”

Credits

1983–1998 · 4 acts
  1. 1983Pub. L. 95–471, title III, § 302, as added Pub. L. 98–192, § 13, , 97 Stat. 1341
  2. 1990amended Pub. L. 101–477, § 1(d)(1)(A), (B), , 104 Stat. 1152, 1153
  3. 1994Pub. L. 103–382, title III, § 383, , 108 Stat. 4018
  4. 1998Pub. L. 105–244, title IX, § 901(b)(5)–(7), (12), (14), (15), , 112 Stat. 1828.
Show as published

(Pub. L. 95–471, title III, § 302, as added Pub. L. 98–192, § 13, , 97 Stat. 1341; amended Pub. L. 101–477, § 1(d)(1)(A), (B), , 104 Stat. 1152, 1153; Pub. L. 103–382, title III, § 383, , 108 Stat. 4018; Pub. L. 105–244, title IX, § 901(b)(5)–(7), (12), (14), (15), , 112 Stat. 1828.)

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