§ 1801. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1801]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
Sec. 1801. Definitions
(a) For purposes of this chapter, the term--
(1) ``Indian'' means a person who is a member of an Indian
tribe;
(2) ``Indian tribe'' means any Indian tribe, band, nation, or
other organized group or community, including any Alaskan Native
village or regional or village corporation as defined in or
established pursuant to the Alaskan Native Claims Settlement Act [43
U.S.C. 1601 et seq.], which is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians;
(3) ``Secretary'', unless otherwise designated, means the
Secretary of the Interior;
(4) ``tribally controlled college or university'' means an
institution of higher education which is formally controlled, or has
been formally sanctioned, or chartered, by the governing body of an
Indian tribe or tribes, except that no more than one such
institution shall be recognized with respect to any such tribe;
(5) ``institution of higher education'' means an institution of
higher education as defined by section 1001 \1\ of title 20, except
that clause (2) of such section shall not be applicable and the
reference to Secretary in clause (5)(A) \2\ of such section shall be
deemed to refer to the Secretary of the Interior;
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\1\ So in original. Probably should be section ``1001(a)''.
\2\ So in original. Probably should be ``(5)''.
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(6) ``national Indian organization'' means an organization which
the Secretary finds is nationally based, represents a substantial
Indian constituency, and has expertise in the field of Indian
education;
(7) ``Indian student count'' means a number equal to the total
number of Indian students enrolled in each tribally controlled
college or university, determined in a manner consistent with
subsection (b) of this section on the basis of the quotient of the
sum of the credit hours of all Indian students so enrolled, divided
by twelve; and
(8) ``satisfactory progress toward a degree or certificate'' has
the meaning given to such term by the institution at which the
student is enrolled.
(b) The following conditions shall apply for the purpose of
determining the Indian student count pursuant to paragraph (7) of
subsection (a) of this section:
(1) Such number shall be calculated on the basis of the
registrations of Indian students as in effect at the conclusion of
the third week of each academic term.
(2) Credits earned in classes offered during a summer term shall
be counted toward the computation of the Indian student count in the
succeeding fall term.
(3) Credits earned by any student who has not obtained a high
school degree or its equivalent shall be counted toward the
computation of the Indian student count if the institution at which
the student is in attendance has established criteria for the
admission of such student on the basis of the student's ability to
benefit from the education or training offered. The institution
shall be presumed to have established such criteria if the admission
procedures for such studies include counseling or testing that
measures the student's aptitude to successfully complete the course
in which the student has enrolled. No credits earned by such student
for purposes of obtaining a high school degree or its equivalent
shall be counted toward the computation of the Indian student count.
(4) Indian students earning credits in any continuing education
program of a tribally controlled college or university shall be
included in determining the sum of all credit hours.
(5) Credits earned in a continuing education program shall be
converted to a credit-hour basis in accordance with the tribally
controlled college or university's system for providing credit for
participation in such program.
(6) No credit hours earned by an Indian student who is not
making satisfactory progress toward a degree or certificate shall be
taken into account.
(Pub. L. 95-471, Sec. 2, formerly Sec. 1, Oct. 17, 1978, 92 Stat. 1325;
renumbered Sec. 2 and amended Pub. L. 98-192, Sec. 1, Dec. 1, 1983, 97
Stat. 1335; Pub. L. 99-428, Sec. 3, Sept. 30, 1986, 100 Stat. 982; Pub.
L. 105-244, title I, Sec. 102(a)(8)(B), title IX, Sec. 901(b)(5), (9),
Oct. 7, 1998, 112 Stat. 1619, 1828.)
References in Text
This chapter, referred to in subsec. (a), was in the original ``this
Act'', meaning Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, as amended,
known as the Tribally Controlled College or University Assistance Act of
1978, which enacted this chapter and section 640c-1 of this title,
amended section 640c of this title, and enacted provisions set out as
notes under sections 640a, 640c-1, and 1801 of this title. For complete
classification of this Act to the Code, see Short Title note set out
below and Tables.
The Alaskan Native Claims Settlement Act, referred to in subsec.
(a)(2), probably means the Alaska Native Claims Settlement Act, Pub. L.
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands.
For complete classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.
Amendments
1998--Subsec. (a)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college''.
Subsec. (a)(5). Pub. L. 105-244, Sec. 102(a)(8)(B), substituted
``section 1001'' for ``section 1141(a)''.
Subsec. (a)(7). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college''.
Subsec. (b)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college''.
Subsec. (b)(5). Pub. L. 105-244, Sec. 901(b)(9), substituted
``college or university's'' for ``community college's''.
1986--Subsec. (a)(8). Pub. L. 99-428, Sec. 3(a), added par. (8).
Subsec. (b)(3) to (6). Pub. L. 99-428, Sec. 3(b), added par. (3),
redesignated former pars. (3) to (5) as (4) to (6), respectively, and in
par. (6) struck out ``, in accordance with the standards and practices
of the appropriate accrediting agency or the institution at which the
student is in attendance,'' after ``certificate''.
1983--Subsec. (a). Pub. L. 98-192, Sec. 1(1), designated existing
provisions as subsec. (a) and inserted introductory provision preceding
par. (1).
Subsec. (a)(1). Pub. L. 98-192, Sec. 1(2), struck out ``and is
eligible to receive services from the Secretary of the Interior'' after
``Indian tribe''.
Subsec. (a)(5). Pub. L. 98-192, Sec. 1(3), inserted ``and the
reference to Secretary in clause (5)(A) of such section shall be deemed
to refer to the Secretary of the Interior''.
Subsec. (a)(7). Pub. L. 98-192, Sec. 1(4), substituted provision
defining ``Indian student count'' to mean a number equal to the total
number of Indian students enrolled in each tribally controlled community
college, determined as consistent with subsec. (b) of this section on
the basis of the quotient of the sum of the credit hours of all Indians
so enrolled, divided by twelve for provision defining ``full-time
equivalent Indian student'' to mean the number of Indians enrolled full-
time and the full-time equivalent of the number of Indians enrolled
part-time, determined on the basis of the quotient of the sum of the
credit hours of all part-time students divided by twelve, calculated on
the basis of registrations as in effect at the conclusion of the sixth
week of an academic term.
Subsec. (b). Pub. L. 98-192, Sec. 1(4), added subsec. (b).
Effective Date of 1998 Amendment
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.
Short Title of 1990 Amendment
Section 401 of title IV of Pub. L. 95-471, as added by Pub. L. 101-
392, title III, Sec. 312, Sept. 25, 1990, 104 Stat. 804, provided that:
``This title [enacting subchapter III of this chapter] may be cited as
the `Tribal Economic Development and Technology Related Education
Assistance Act of 1990'.''
Short Title of 1986 Amendment
Section 1 of Pub. L. 99-428 provided that: ``This Act [amending this
section and sections 640c-1, 1808 to 1810, 1812, 1813, and 1836 of this
title] may be cited as the `Tribally Controlled Community College
Assistance Amendments of 1986'.''
Short Title
Pub. L. 95-471, Sec. 1, Oct. 17, 1978, 92 Stat. 1325, as amended by
Pub. L. 105-244, title IX, Sec. 901(b)(1), Oct. 7, 1998, 112 Stat. 1827,
provided: ``That this Act [enacting this chapter and section 640c-1 of
this title, amending section 640c of this title, and enacting provisions
set out as notes under sections 640a and 640c-1 of this title] may be
cited as the `Tribally Controlled College or University Assistance Act
of 1978'.''
Additional Conforming Amendments
Pub. L. 105-244, title IX, Sec. 901(c), Oct. 7, 1998, 112 Stat.
1828, provided that:
``(1) Recommended legislation.--The Secretary of Education shall
prepare and submit to Congress recommended legislation containing
technical and conforming amendments to reflect the changes made by
subsection (b) [see Tables for classification].
``(2) Submission to congress.--Not later than 6 months after the
effective date of this title [see section 3 of Pub. L. 105-244, set out
as an Effective Date of 1998 Amendment note under section 1001 of Title
20, Education], the Secretary of Education shall submit the recommended
legislation referred to under paragraph (1).''
References to Tribally Controlled Community College Assistance Act of
1978
Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat.
1828, provided that: ``Any reference to a section or other provision of
the Tribally Controlled Community College Assistance Act of 1978 shall
be deemed to be a reference to the Tribally Controlled College or
University Assistance Act of 1978.''
Executive Order No. 13021
Ex. Ord. No. 13021, Oct. 19, 1996, 61 F.R. 54929, as amended by Ex.
Ord. No. 13104, Oct. 19, 1998, 63 F.R. 56535, which established the
President's Board of Advisors on Tribal Colleges and Universities and
the White House Initiative on Tribal Colleges and Universities in the
Department of Education and required a Five-Year Federal Plan regarding
tribal colleges and universities, was revoked by Ex. Ord. No. 13270,
Sec. 10, July 3, 2002, 67 F.R. 45291, set out below.
Ex. Ord. No. 13270. Tribal Colleges and Universities
Ex. Ord. No. 13270, July 3, 2002, 67 F.R. 45288, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1. Policy. There is a unique relationship between the United
States and Indian tribes, and a special relationship between the United
States and Alaska Native entities. It is the policy of the Federal
Government that this Nation's commitment to educational excellence and
opportunity must extend as well to the tribal colleges and universities
(tribal colleges) that serve Indian tribes and Alaska Native entities.
The President's Board of Advisors on Tribal Colleges and Universities
(the ``Board'') and the White House Initiative on Tribal Colleges and
Universities (WHITCU) established by this order shall ensure that this
national policy regarding tribal colleges is carried out with direct
accountability at the highest levels of the Federal Government.
Tribal colleges are both integral and essential to their
communities. Often they are the only postsecondary institutions within
some of our Nation's poorest rural areas. They fulfill a vital role: in
maintaining and preserving irreplaceable languages and cultural
traditions; in offering a high-quality college education to younger
students; and in providing job training and other career-building
programs to adults and senior citizens. Tribal colleges provide crucial
services in communities that continue to suffer high rates of
unemployment and the resulting social and economic distress.
The Federal Government's commitment to tribal colleges is reaffirmed
and the private sector can and should contribute to the colleges'
educational and cultural missions.
Finally, postsecondary institutions can play a vital role in
promoting excellence in early childhood, elementary, and secondary
education. The Federal Government will therefore work to implement the
innovations and reforms of the No Child Left Behind Act of 2001 (Public
Law 107-110) [see Short Title of 2002 Amendment note set out under 20
U.S.C. 6301] in partnership with tribal colleges and their American
Indian and Alaska Native communities.
Sec. 2. Definition of Tribal Colleges and Universities. Tribal
colleges are those institutions cited in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other
institution that qualifies for funding under the Tribally Controlled
Community College Assistance Act of 1978 [now Tribally Controlled
College or University Assistance Act of 1978] (25 U.S.C. 1801 et seq.),
and Dine College, authorized in the Navajo Community College Assistance
Act of 1978, Public Law 95-471, title II (25 U.S.C. 640a note).
Sec. 3. Board of Advisors. (a) Establishment. There shall be
established in the Department of Education a Presidential advisory
committee entitled the President's Board of Advisors on Tribal Colleges
and Universities (the ``Board'').
(b) Membership. The Board shall consist of not more than 15 members
who shall be appointed by the President, one of whom shall be designated
by the President as Chair. The Board shall include representatives of
tribal colleges and may also include representatives of the higher,
early childhood, elementary, and secondary education communities; tribal
officials; health, business, and financial institutions; private
foundations; and such other persons as the President deems appropriate.
(c) Functions. The Board shall provide advice regarding the progress
made by Federal agencies toward fulfilling the purposes and objectives
of this order. The Board also shall provide recommendations to the
President, through the Secretary of Education (Secretary), on ways the
Federal Government can help tribal colleges:
(1) use long-term development, endowment building, and planning
to strengthen institutional viability;
(2) improve financial management and security, obtain private-
sector funding support, and expand and complement Federal education
initiatives;
(3) develop institutional capacity through the use of new and
emerging technologies offered by both the Federal and private
sectors;
(4) enhance physical infrastructure to facilitate more efficient
operation and effective recruitment and retention of students and
faculty; and
(5) help implement the No Child Left Behind Act of 2001 [see
Short Title of 2002 Amendment note set out under 20 U.S.C. 6301] and
meet other high standards of educational achievement.
(d) Meetings. The Board shall meet at least annually, at the request
of the Secretary, to provide advice and consultation on tribal colleges
and relevant Federal and private-sector activities, and to transmit
reports and present recommendations.
Sec. 4. White House Initiative on Tribal Colleges and Universities.
There shall be established in the Department of Education, Office of the
Secretary, the White House Initiative on Tribal Colleges and
Universities (WHITCU). The WHITCU shall:
(a) provide the staff support for the Board;
(b) assist the Secretary in the role of liaison between the
executive branch and tribal colleges; and
(c) serve the Secretary in carrying out the Secretary's
responsibilities under this order.
Sec. 5. Department and Agency Participation. Each participating
executive department and agency (agency), as determined by the
Secretary, shall appoint a senior official who is a full-time officer of
the Federal Government and who is responsible for management or program
administration. The official shall report directly to the agency head,
or to the agency head's designee, on agency activity under this order
and serve as liaison to the WHITCU. To the extent permitted by law and
regulation, each agency shall provide appropriate information as
requested by the WHITCU staff pursuant to this order.
Sec. 6. Three-Year Federal Plan. (a) Content. Each agency identified
by the Secretary shall develop and implement a Three-Year Plan of the
agency's efforts to fulfill the purposes of this order. These Three-Year
Plans shall include annual performance indicators and appropriate
measurable objectives for the agency. Among other relevant issues, the
plans shall address how the agency intends to increase the capacity of
tribal colleges to compete effectively for any available grants,
contracts, cooperative agreements, and any other Federal resources, and
to encourage tribal colleges to participate in Federal programs. The
plans also may emphasize access to high-quality educational
opportunities for economically disadvantaged Indian students, consistent
with requirements of the No Child Left Behind Act of 2001 [see Short
Title of 2002 Amendment note set out under 20 U.S.C. 6301]; the
preservation and revitalization of tribal languages and cultural
traditions; and innovative approaches to better link tribal colleges
with early childhood, elementary, and secondary education programs. The
agency's performance indicators and objectives should be clearly
reflected in the agency's annual budget submission to the Office of
Management and Budget. To facilitate the attainment of these performance
indicators and objectives, the head of each agency identified by the
Secretary, shall provide, as appropriate, technical assistance and
information to tribal colleges regarding the program activities of the
agency and the preparation of applications or proposals for grants,
contracts, or cooperative agreements.
(b) Submission. Each agency shall submit its Three-Year Plan to the
WHITCU. In consultation with the Board, the WHITCU shall then review
these Three-Year Plans and develop an integrated Three-Year Plan for
Assistance to Tribal Colleges, which the Secretary shall review and
submit to the President. Agencies may revise their Three-Year Plans
within the three-year period.
(c) Annual Performance Reports. Each agency shall submit to the
WHITCU an Annual Performance Report that measures the agency's
performance against the objectives set forth in its Three-Year Plan. In
consultation with the Board, the WHITCU shall review and combine Annual
Performance Reports into one annual report, which shall be submitted to
the Secretary for review, in consultation with the Office of Management
and Budget.
Sec. 7. Private Sector. In cooperation with the Board, the WHITCU
shall encourage the private sector to assist tribal colleges through
increased use of such strategies as:
(a) matching funds to support increased endowments;
(b) developing expertise and more effective ways to manage finances,
improve information systems, build facilities, and improve course
offerings; and
(c) increasing resources for and training of faculty.
Sec. 8. Termination. The Board shall terminate 2 years after the
date of this order unless the Board is renewed by the President prior to
the end of that 2-year period.
Sec. 9. Administration. (a) Compensation. Members of the Board shall
serve without compensation, but shall be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law for
persons serving intermittently in Government service (5 U.S.C. 5701-
5707).
(b) Funding. The Board and the WHITCU shall be funded by the
Department of Education.
(c) Administrative Support. The Department of Education shall
provide appropriate administrative services and staff support for the
Board and the WHITCU. With the consent of the Department of Education,
other agencies participating in the WHITCU shall provide administrative
support (including detailees) to the WHITCU consistent with statutory
authority. The Board and the WHITCU each shall have a staff and shall be
supported at appropriate levels commensurate with that of similar White
House Initiative Offices.
(d) General Provisions. Insofar as the Federal Advisory Committee
Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to the
administration of any portion of this order, any functions of the
President under the Act, except that of reporting to the Congress, shall
be performed by the Secretary of Education in accordance with the
guidelines issued by the Administrator of General Services.
Sec. 10. Revocation. Executive Order 13021 of October 19, 1996, as
amended, is revoked.
George W. Bush.
Extension of Term of President's Board of Advisors on Tribal Colleges
and Universities
Term of President's Board of Advisors on Tribal Colleges and
Universities extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept.
30, 1999, 64 F.R. 53879, formerly set out as a note under section 14 of
the Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
Term of President's Board of Advisors on Tribal Colleges and
Universities extended until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept.
28, 2001, 66 F.R. 50291, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1616f, 1616h, 1665j, 1808,
3210 of this title; title 20 sections 80q-8, 1059c, 1068a, 1085, 1131-1,
2302, 2327.